The U.S. Supreme Court Stays Enforcement of OSHA’s Nationwide Vaccine Mandate Because It Exceeds OSHA’s Authority

by Ryan E. Abernethy
The Labor & Employment Law Blog

As Lizbeth West and James Kachmar wrote in previous blogs, here and here, the 6th Circuit Court of Appeals vacated the stay of OSHA’s vaccine-or-test mandate that applies to employers with more than 100 employees. Challengers of the mandate sought immediate review by the U.S. Supreme Court. The U.S. Supreme Court held oral arguments in the matter on an expedited basis on January 7, 2022, and just published an opinion today lambasting OSHA’s vaccine mandate and staying its enforcement.

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California Department of Public Health Issues a New Statewide Indoor Mask Mandate

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

Due to the increase in COVID-19 infection numbers and the rising number of hospitalizations in recent weeks, the California Department of Public Health has issued a mandate requiring all individuals in California wear masks in all public indoor settings regardless of their vaccine status. The mandate is for a one month period from December 15, 2021 through January 15, 2022.

More information can be found at the CDPH website, here.

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An Employee Has Requested a Religious Exemption to the Company Vaccine Mandate—What Now?

For those in the Sacramento area, you may have seen large “Destiny” signs overhanging State Route 65 north of Interstate 80. A news story last month suggested that this church is the place to go for COVID-19 vaccine exemption letters. Now that President Biden is planning to use the emergency powers of the Occupational Safety and Health Administration to mandate vaccination for an estimated 100 million employees, the issue is even more prominent.

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How New Legislative Policy May Affect COVID-Related Lease Disputes

by Mark E. Ellinghouse

Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force majeure, frustration of purpose, and impossibility/impracticability, were generally overlooked in real estate transactions until life-altering global events required their use. Indeed, many of the cases interpreting these doctrines date back to the world wars that dominated the first half of the twentieth century. 

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Biden’s Path Out of the Pandemic: New COVID-19 Vaccine Mandates for Large Employers, Federal Contractors and Health Care Workers

by Shauna N. Correia
The Labor & Employment Law Blog

Earlier, President Joe Biden announced vaccination requirements for the federal government workers but allowed them to “opt out” if they agreed to more stringent mitigation measures. He also implored private sector employers to encourage vaccination, and many employers began implementing mandatory vaccination plans or incentivizing employees to get vaccinated.

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More On The FFCRA: Payroll Tax Credits And Period Of Non-Enforcement

by Meagan D. Bainbridge
The Labor & Employment Law Blog

As we told you on March 22, 2020, the Department of Treasury (DOT), Internal Revenue Service (IRS), and Department of Labor (DOL) announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act (FFCRA). In their announcement, it was also stated that employers may make immediate use of their tax deposits to pay employees taking emergency leave under the Emergency Family and Medical Leave Act (E-FMLA) or as Emergency Paid Sick Leave Act (E-PSLA).

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Business and Tax Relief in Response to COVID-19

by Jim Clarke

As COVID-19 imposes challenges on our communities, Weintraub is tracking developments to help you deal with the pandemic’s business and legal implications.

I.                 SBA Economic Injury Disaster Loans

A.                 Overview

The U.S. Small Business Administration (SBA) is providing low-interest working capital loans of up to $2 million to small businesses and nonprofits affected by COVID-19 in presidential and SBA-declared disaster areas.  Borrowers can use the loans to cover accounts payable,

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