Jay A. Zweig

The U.S. Supreme Court has announced that it will expedite its consideration of the Biden Administration’s COVID-19 vaccine mandates.  Legal briefing is already under way and the Court will hear oral argument on January 7, 2022 on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing. … Continue Reading

In a statement that portends additional scrutiny of the “working conditions” of college and university athletes, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has publicly stated her view that scholarship athletes at academic institutions are employees who have the right to organize and to be protected from discrimination and retaliation when they act concertedly to improve their working conditions.… Continue Reading

On September 20, 2021, the Biden Administration announced a multi-agency initiative to protect employees from excessive workplace heat exposure.  The Administration acknowledged its public health concern arising from heat waves experienced this summer and what it has identified as a systemic threat to workers from exposure to high temperatures – indoors and outdoors – while doing their jobs.… Continue Reading

On August 13, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued detailed updated guidance on appropriate measures for protecting employees in workplaces staffed with both vaccinated and unvaccinated workers.  Importantly, OSHA is now recommending that employers in geographical areas of substantial or high community transmission with mixed-vaccination status employees should require all employees, including fully vaccinated workers, to wear masks “whenever possible,” which OSHA did not define.… Continue Reading

In a closely-watched case that may be a preview of other court decisions involving COVID-vaccination mandates for students returning to school and employees returning to the workplace, a federal district court has denied a request to enjoin Indiana University’s COVID-19 vaccine policy for students. The policy includes a requirement that students provide documentation proving that they have been vaccinated – a so-called “vaccine passport.”… Continue Reading

On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before they would be owed a full minimum wage from their employer.  The public will have until August 23, 2021 to comment on the DOL’s proposed regulations. … Continue Reading

The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means that Colorado employers must pay employees for earned but unused vacation pay at the end of their employment. … Continue Reading

A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping new regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act. Under that law, employers in Colorado have to issue compensation ranges in all job postings, including internal promotions.… Continue Reading

Just in time for Memorial Day weekend, New Jersey Governor Phil Murphy has signed Executive Order 242, removing many of the state’s remaining COVID-19 restrictions. This Executive Order recognizes the marked progress New Jersey has made in combatting the COVID-19 pandemic, both in the declining number of COVID-19 cases and the percentage of State residents who are fully or partially vaccinated.  … Continue Reading

The latest episode of Ballard Spahr’s Business Better podcast features a conversation on the legalization of marijuana in certain states and its impact on the workplace. Ballard Spahr Labor and Employment attorneys Jay Zweig, Emily Daher, and Joseph Wiltse review what they’re seeing in their specific states and discuss other topics, including: what employers can and can’t do in regulating marijuana use by their employees, guidelines for implementing drug testing policies, how to deal with so-called “safety sensitive” positions, and the interplay of state and federal law.… Continue Reading