California Reinstates COVID-19 Supplemental Paid Sick Leave Retroactive to January 1, 2022

On February 19, 2022, the 2022 COVID-19 Supplemental Paid Sick Leave Law, Senate Bill 114, went into effect in California.[1] The law, which retroactively applies from January 1, 2022, and extends until September 30, 2022, requires employers with 26 or more employees to provide supplemental paid sick leave of up to 80 hours for COVID-19 related paid leave.

Campbell Litigation, P.C.February 24, 2022California Supplemental Paid Sick Leave LawComment

Congress Passes Bill to Nullify Forced Arbitration of Workplace Sexual Harassment and Assault Claims

Both chambers of Congress recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), a bill aimed at preventing employers from requiring workers to arbitrate sexual harassment and assault claims.[1] The bill is now headed to the desk of President Biden for his expected signature.

After decades of dispute, the Ninth Circuit determined the legal standard to apply in claims arising out of California’s whistleblower protection statute

On February 9, 2022, the Ninth Circuit resolved a decades long dispute involving claims under the California whistleblower protection statute in Wallen Lawson v. PPG Architectural Finishes Inc [1] The Court determined that the test prescribed in Cal. Lab. Code § 1102.6 is the correct legal framework for claims of whistleblower retaliation. [2]

Campbell Litigation, P.C.February 10, 2022WhistleblowerComment

OSHA Withdraws Mandatory Vaccination or Testing ETS

After the United States Supreme Court stayed the implementation and enforcement of the COVID-19 Emergency Temporary Standard (ETS) requiring private employers to implement a mandatory vaccination or weekly testing and masking policy.[1] the federal Occupational Safety and Health Administration (OSHA) announced its withdrawal of the ETS as of January 26, 2022.[2]

Campbell Litigation, P.C.February 3, 2022Emergency Temporary Standard (ETS)Comment

All Colorado Employers Face Paid Sick Leave Obligations for 2022

On January 1, 2022, all Colorado employers—regardless of size—became subject to traditional paid sick leave requirements under the Healthy Families and Workplaces Act (“HFWA”).[1] This requirement differs from the 2021 version of the Act, which required only employers with 16 or more employees to provide paid sick leave.[2]

[1] C.R.S. § 8-13.3-403(1)(c).

[2] C.R.S. § 8-13.3-403(1)(b).

Campbell Litigation, P.C.January 27, 2022Health Families Workplace Act (“HFWA”)Comment

The U.S. Supreme Court to Take on Public Employees’ Free Exercise in Public Schools

On January 14, 2022, the U.S. Supreme Court agreed to hear a case where the outcome may require public employers to reevaluate their policies regarding employees’ unprotected speech. [1]

[1] Kennedy v. Bremerton Sch. Dist., 991 F.3d 1004, 1010 (9th Cir. 2021), cert. granted, No. 21-418, 2022 WL 129501 (U.S. Jan. 14, 2022).

Campbell Litigation, P.C.January 20, 2022Establishment ClauseComment

SCOTUS Strikes Down the Biden Administration’s Vaccine-or-Testing Rule

Corey BartkusCampbell Litigation, P.C.January 13, 2022COVID-19 Vaccine SeriesComment

ICE Extends Form I-9 Compliance Requirements Due to COVID-19

The Department of Homeland Security (DHS) and U.S. immigration and Customs Enforcement (ICE) have extended flexibility in complying with the Employment Eligibility Verification (Form I-9) requirements until April 30, 2022 due to the ongoing COVID-19 pandemic.

Alison Lungstrum MacneillCampbell Litigation, P.C.January 6, 2022COVID-19Comment

CAMPBELL LITIGATION WISHES YOU A HAPPY, HEALTHY, AND SAFE NEW YEAR!

Campbell Litigation, P.C.December 30, 2021Comment

HAPPY HOLIDAYS FROM CAMPBELL LITIGATION, PC!

Campbell Litigation, P.C.December 23, 2021Comment

EEOC: Workers with Disabilities Stemming from COVID-19 May be Protected from Employment Discrimination

A COVID-19 diagnosis alone, however, is not enough.

Jordan BrickmanCampbell Litigation, P.C.December 16, 2021COVID-19, EEOCComment

Vaccine Mandate for Employers with Federal Contracts put on Hold Nationwide

A federal court has issued a nationwide injunction blocking the federal government from enforcing its upcoming vaccination requirements for employers awarded federal contracts.

Erik CanlserCampbell Litigation, P.C.December 9, 2021COVID-19 Vaccine Series, federal contractorsComment

Denver Joins Several Metro Counties in Enacting New Mask Mandates

A new round of mandates leaves Douglas and Broomfield Counties as the only counties in the Denver metropolitan area who have not instituted a mandate.

Corey BartkusCampbell Litigation, P.C.December 3, 2021COVID-19 Vaccine Series, Vaccine, vaccination, masksComment

Happy Thanksgiving from Campbell Litigation, P.C. !

We’ll be back next week!

Campbell Litigation, P.C.November 24, 2021Comment

Fifth Circuit Stays OSHA COVID-19 Emergency Temporary Standard Pending Judicial Review

The Fifth Circuit found OSHA exceeded its statutory authority in issuing the November 5, 2021, Emergency Temporary Standard applying COVID vaccination measures to all employers with 100 or more employees.

Jordan BrickmanCampbell Litigation, P.C.November 18, 2021OSHA, covid-19, ETSComment

“Reasonable Accommodation” under the ADA does not require employer accommodation for problems unrelated to the job and does not excuse employee from essential job functions.

Employers have no obligation under the Americans with Disabilities Act (ADA) to accommodate a disabled employee’s problems outside the workplace and unrelated to her essential job functions

Campbell Litigation, P.C.November 11, 2021Comment

Emergency OSHA Standard Requires Employers of 100 or More to Implement a COVID Vaccination Policy

OSHA has issued an Emergency Temporary Standard requiring employers with 100 or more employees to develop, implement, and enforce a COVID vaccination policy.

Campbell Litigation, P.C.November 4, 2021Comment

Four-Years-Younger Replacement Not Sufficient to Support ADEA Claim

The Tenth Circuit Court of Appeals upheld a lower court’s dismissal of a former firearms instructor’s lawsuit alleging he was demoted because of his age.

Waiting to Log onto Computer before Clocking in May be Compensable Time

The Tenth Circuit Court of Appeals found that call center employees must be paid for the time (approximately two (2) minutes) they wait for their computers to boot up before they can clock in for work.

Erik CanslerCampbell Litigation, P.C.October 21, 2021FLSA, Preshift activities, Call center agents, employeesComment

Mandatory Vaccinations – A Management Right or a Union Negotiation

Given President Biden’s executive order requiring companies with 100 or more employees to mandate the COVID-19 vaccination, unionized companies must consider whether the vaccine mandate is a mandatory subject of bargaining with its labor union or a management right to implement the rule.

The Rocky Mountain Employer