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03/02/21 WorkCompAcademy.com Sacramento, CA - Following the implementation of the California Division of Occupational Safety and Health s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) on November 30, 2020, several employers and trade associations filed a lawsuit in San Francisco Superior Court for declaratory and injunctive relief against Cal/OSHA. The lawsuit, National Retail Federation, et al. v. California Department of Industrial Relations, et al. (Case No. CGC20588367), was the first filed seeking to prevent the agency from enforcing the ETS. Shortly thereafter, the Western Growers Association filed a related case in Los Angeles Superior Court. However, in an effort to avoid duplicative and inconsistent rulings, the Western Growers Association lawsuit was transferred to San Francisco and the cases are being heard together. ....
held that the Plaintiffs could not show that they were likely to prevail on their claims that the regulation violated (1) the due process clause of the 14th Amendment, (2) the Administrative Procedure Act, or (3) that Cal/OSHA exceeded its legal authority. As such, Judge Schulman refused to enjoin the measure, permitting enforcement of the same to proceed. PRO Act Provisions Moving Through Employment Agencies? As our wonderful colleague Kyllan Kershaw out of our Atlanta office noted during our podcast on the PRO Act, the legislation, as a monolith, faces an unlikely and uphill path to enactment. However, the Act does represent a sort of labor “wish list.” And many of the items on that wish list appear to be passing through the various federal employment agencies. For example, something akin to California’s ABC test for worker classification could likely see its way through the DOL Rulemaking process – which we discussed ....
San Francisco Court Declines to Halt Enforcement of Cal/OSHA Emergency Temporary Standard Regulations | Hanson Bridgett LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
To embed, copy and paste the code into your website or blog: Last week, in a tentative ruling, Judge Ethan Schulman of the San Francisco Superior Court indicated that he was inclined to deny a request made by two separate industry groups in two separate consolidated lawsuits filed in order to try to block enforcement of the Cal/OSHA COVID-19 emergency regulations. As we all know by now, the emergency regulations impose numerous and specific requirements on California employers. These requirements include having a comprehensive written COVID prevention plan, providing for mandatory, company-paid testing any time an employee is considered “exposed” to COVID in the workplace (or anytime an “outbreak” condition exists), providing “exclusion” pay any time an employee is excluded from the workplace due to a “work-related” exposure, and placing the burden on the employer to prove that such an exposure was not in fact, “work related” (more or less creating, via ....
Wednesday, February 3, 2021 Following the implementation of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) on November 30, 2020, several employers and trade associations filed a lawsuit in San Francisco Superior Court for declaratory and injunctive relief against Cal/OSHA. The lawsuit, National Retail Federation, et al. v. California Department of Industrial Relations, et al. (Case No. CGC20588367), was the first filed seeking to prevent the agency from enforcing the ETS. Shortly thereafter, the Western Growers Association filed a related case in Los Angeles Superior Court. However, in an effort to avoid “duplicative and inconsistent rulings,” the Western Growers Association lawsuit was transferred to San Francisco and the cases are being heard together. ....