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    WASHINGTON  —  In a victory for California employers, the Supreme Court on Wednesday sharply limited a state labor law that has authorized private lawsuits on behalf of groups of workers, even if they had agreed to resolve their disputes through individual arbitration. In an 8-1 decision, the court ruled the Federal Arbitration Act preempts or overrides the state law. California is the only state to authorize such private suits as a means of enforcing its labor laws. But in doing so, the state has allowed employees to escape binding arbitration agreements they signed when they were hired, the court said. The justices ruled for Viking River Cruises, which sought to block a broad private lawsuit brought on behalf of one of its former sales agents in Los Angeles. “This is a huge win for employers and for arbitration,” said Jack Sholkoff, a Los Angeles attorney. California Atty. Gen. Rob Bonta called the decision disappointing but said that “key aspects of [the Private Attorneys General Act] remain in effect and the law of our state.” He said workers can continue to...
    The federal government said Thursday that artificial intelligence technology to screen new job candidates or monitor their productivity at work can unfairly discriminate against people with disabilities, sending a warning to employers that the commonly used hiring tools could violate civil rights laws. The U.S. Justice Department and the Equal Employment Opportunity Commission jointly issued guidance to employers to take care before using popular algorithmic tools meant to streamline the work of evaluating employees and job prospects but which could violate the Americans with Disabilities Act. “We are sounding an alarm regarding the dangers tied to blind reliance on AI and other technologies that we are seeing increasingly used by employers,” Assistant Attorney General Kristen Clarke of the department’s Civil Rights Division told reporters Thursday. “The use of AI is compounding the longstanding discrimination that jobseekers with disabilities face.” Among the examples given of popular work-related AI tools were resume scanners, employee monitoring software that ranks workers based on keystrokes, and video interviewing software that measures a person’s speech patterns or facial expressions. Such technology could potentially screen out...
    The Democrats’ $1.75 trillion social spending bill would massively increase fines imposed on employers for occupational hazards. President Biden’s vaccine mandate will be enforced through such penalties. Businesses with over 100 employees must ensure by Jan. 4 that their workers are either fully vaccinated or undergo weekly COVID-19 testing, according to the mandate, which was finalized Thursday. Fines, enforced through the Occupational Safety and Health Administration (OSHA), could be as high as $14,000 per violation. But the Democrats’ Build Back Better legislation would increase OSHA penalties tenfold from their initial levels – up to $70,000 for "serious violations" and $700,000 for willful or repeated violations. Forbes previously reported the proposed OSHA changes included in a previous version of the bill in September. Speaker of the House Nancy Pelosi, D-Calif., meets with reporters at the Capitol in Washington, Wednesday, Aug. 25, 2021. (AP Photo/J. Scott Applewhite) (AP Photo/J. Scott Applewhite) This would be the first amendment to the Occupation Safety and Health Act in nearly 20 years, when Congress expanded research related to bioterrorist threats to workers in the wake...
    The Center Square) – Mississippi Gov. Tate Reeves said a lawsuit against the Biden administration over the COVID-19 employer vaccination mandate could be filed by the end of the week. The governor called the vaccine mandates “one of the most shocking attacks on personal liberty we have seen in this country in my lifetime,” in a statement released on Twitter. Reeves said he is a strong supporter of the vaccine, has urged every resident to talk to their doctor and make a personal decision about the vaccine. However, the governor won’t let federal mandates “threaten every Mississippian’s individual liberties” as the mandate is “nothing short of tyranny.” “The best path our founders provided states to push back on federal tyranny is through the courts,” Reeves said in the statement. “I’ve instructed every branch of government that I control to work in support of this suit and this cause. We are also standing alongside workers, pushing back against this overreach. And it is slowly working.” The Biden administration rolled out a COVID-19 vaccination mandate Sept. 9 for public and private sector...
    On Tuesday, Chris Hayes referenced a report in The Daily Beast noting how Republican candidates have quite effectively used President Joe Biden’s Covid policies to solicit political donations. Earlier this month, Biden announced he was going to ask the Department of Labor to require employers with 100 or more workers to either mandate their employees get the vaccine or tested once a week. The Beast piece contained a damning quote from a previous report about Fox News in which one anonymous employee said that anti-Covid mandate and vaccine-skeptical segments are “great for ratings.” Another current employee said there aren’t many topics that get “our viewers more excited or engaged than those kinds of segments.” “I’m sure it’s probably true,” said Hayes. “They kind of know what they’re doing over there. The issue rates, so that’s why leaning into it, despite the fact that it might get their own viewers sick or killed.” He then pointed to Fox Corporation’s own vaccine policy, under which employees must either get vaccinated or be tested every day. “Daily testing,” mused Hayes. “That is five...
                      by Ailan Evans  Employers and business organizations are voicing their opposition to the vaccine mandate announced last week by President Joe Biden. Biden ordered the Occupational Safety and Health Administration (OSHA) to requite companies with more than 100 employees to make sure their workers are either vaccinated against COVID-19 or tested weekly for the virus. The mandates received a mixed reaction from companies and business groups, with some welcoming the new rules and others expressing their opposition. “I think it’s bullshit,” Jay Baker, president of Jamestown Plastics in Brocton, New York, told Reuters. “I’m not a fan of the federal government mandating anything.” “This is not the bubonic plague,” Baker said. “This is not typhoid — and they seem to be treating it like it is.” Under the proposed rule, businesses with under 100 employees are not required to verify their workers’ vaccination status or institute weekly testing. Some employers subject to the mandate worry the new rules could force employees opposed to the vaccine to leave for smaller companies, exacerbating already-dire labor...
    Employers and business organizations are voicing their opposition to the vaccine mandate announced last week by President Joe Biden. “We at Lynden will oppose this aggressively, taking legal action if necessary,” said Jim Jansen, owner of Alaskan shipping and logistics company Lynden. Some employers say they’ll be unable to verify their employees’ vaccination status and keep up with weekly testing, while others worry employees opposed to the vaccine could leave for smaller companies. “Additional mandates, enforcement, and penalties will further threaten the fragile small business recovery,” said Kevin Kuhlman, vice president of federal government relations at the National Federation of Independent Business. Employers and business organizations are voicing their opposition to the vaccine mandate announced last week by President Joe Biden. Biden ordered the Occupational Safety and Health Administration (OSHA) to requite companies with more than 100 employees to make sure their workers are either vaccinated against COVID-19 or tested weekly for the virus. The mandates received a mixed reaction from companies and business groups, with some welcoming the new rules and others expressing their opposition. “I think...
    Private employers have already declared they will file lawsuits against President Joe Biden’s authoritarian nationwide vaccine mandate for private companies with over 100 employees. On Thursday, President Biden implemented a new mandate that requires all companies that employ over 100 employees to enforce a vaccine requirement on their workers. Biden’s mandate ignores individuals who have already had coronavirus and have built immunity to the illness. Fresh off of the heels of Biden’s announcement, Charlie Kirk and others made clear they will not force their employees to get vaccinated and threatened the administration with a lawsuit. Kirk tweeted that there was “no chance” the company Turning Point USA would be enforcing the mandate on their more than 170 employees and that the company “will sue you Joe Biden, and win.” Mandating vaccines for our 170+ full time employees at Turning Point USA? No chance. We will sue you Joe Biden, and win. — Charlie Kirk (@charliekirk11) September 9, 2021 Higher Education Fellow and Spokeswoman for Campus Reform Angelina Morabito tweeted that Biden’s decree will be challenged by a slew of...
    President Biden President Joe Biden is announcing a COVID-19 action plan, "a six-pronged, comprehensive national strategy that employs the same science-based approach that was used to successfully combat previous variants of COVID-19 earlier this year." The administration will try to stem the increase of cases in schools. It will require that all the staff in Head Start programs as well as schools operated by the Department of Defense and Bureau of Indian Education be vaccinated, and will call on all of the states to adopt vaccine mandates for school employees. The administration is going to use $130 billion from the American Rescue Plan to provide funding to schools to help with safety measures for in-person learning. That will include taking on the Republican governors who have fought mask and vaccine mandates by threatening salaries and other school funding in districts that mandated masks. "School districts can begin spending their ARP funds right away, including to reimburse for any allowable cost dating back to when the national emergency for COVID-19 was declared," the announcement says. "In addition, through the President's plan, the Department of Education...
    The number of job postings requiring COVID-19 vaccinations from applicants have started to increase across industries - but still remain a 'small fraction' of overall listings, according to a new study.  The number of job postings requiring vaccinations were up 90 percent by August 7 from the month prior, nearly doubling from the number of postings in July, according to the report by AnnElizabeth Konkel - an economist with the job board Indeed. Konkel noted in the report that vaccination requirements in job postings increased in many sectors that had not previously mandated vaccines. Some simply required 'vaccination' and others 'explicitly' required inoculation against COVID-19.  'The share of job postings per million that require being vaccinated against COVID-19 explicitly is up 34 percent compared to one month prior,' the report reads.  In comments made to CNBC, Konkel noted that even listings that don't specifically outline vaccines for COVID-19 it remained clear: 'They don't mean the polio vaccine.' A line graph from Indeed shows the share of job postings per million that require the COVID vaccine explicitly, in blue, and broadly, in...
    Lack of proof of vaccination against Covid-19 can become an obstacle to getting a job. Photo: Tima Miroshnichenko / Pexels The lack of proof of vaccination against Covid-19 can become a obstacle to getting a job. For employers, it is as essential a requirement as their skills and qualifications to be hired, published Yahoo Finance. Job offers that request proof of vaccination against Covid-19 increased 34% in the first week of August compared to the same period in July, according to a study by Indeed Hiring Lab. While job opportunities that require vaccination without explicitly indicating Covid-19 increased 90% in the same period. Given the increase in infections registered in recent days, vaccines are essential, AnnElizabeth Konkel, an economist at Indeed Hiring Lab, told Yahoo Finance. “Employers are a bit against the wall… we have to start demanding it“, Said the specialist. Employers are increasingly including vaccination requirements in job descriptions for new hires, along with minimum qualifications like educational level, license or certificate, or years of experience, Konkel said. When the application of...
    Companies are again implementing sanitary measures in the face of new Delta variant infections. Photo: Michael Burrows / Pexels The new wave of infections is pushing the U.S. employers lose patience with workers who don’t want to get vaccinated against Covid-19, published El Universal. For months, a good part of the employers resorted to information campaigns, access to vaccines, bonuses and incentives to encourage their workers to inoculate themselves against Covid-19. But today the strategy has changed as a growing number of companies are imposing rules to make life difficult for those who refuse to get vaccinated, from direct orders until they undergo periodic tests to prove that they are not carriers of Covid-19 and its variants. More and more employers are hardening their position on the matter, such as the Federal Government, Google, Facebook, Walt Disney Co., the NFL, and the governments of California and New York, among others. Hospitals, universities, restaurants, bars and entertainment establishments have also begun to request that their workers be vaccinated. Many of the companies that are requesting...
    New York on Tuesday became the nation’s first big city to announce it will require proof of COVID-19 vaccination at restaurants, shows and gyms, joining the growing list of state and local governments and large employers taking a hard line against both the surging delta variant and vaccine holdouts. Meat and poultry giant Tyson Foods said it will require all of its approximately 120,000 U.S. employees to get the shot over the next three months, becoming one of the first major employers of front-line workers to do so. And an estimated 150,000 unionized workers at the big three U.S. automakers will have to go back to wearing masks starting Wednesday. “The goal here is to convince everyone that this is the time. If we’re going to stop the delta variant, the time is now. And that means getting vaccinated right now,” New York Mayor Bill de Blasio said in announcing the aggressive new measures that will go into effect in mid-August. Vaccination cards will be accepted as proof of inoculation, along with state and city apps. COVID-19 cases across...
    A detention center officer in New Mexico filed a lawsuit over a workplace requirement to receive the coronavirus vaccine, the first lawsuit against mandatory COVID-19 vaccination in the U.S. The detention center officer, Isaac Legaretta, sued a county manager and his supervisor on Sunday, Bloomberg Law reported. The officer’s attorney, Ana Garner, said he was told he would be fired for refusing inoculation. The complaint claims the county manager and supervisor violated his rights by making the vaccine a condition of employment for first responders unless reasonable accommodation has been approved.  “You can’t be forced to be a human guinea pig when a product is experimental,” Garner, an attorney for the nonprofit New Mexico Stands Up!, told Bloomberg. “We have the right to bodily integrity.” The county attorney has disputed the allegations and argued that the Centers for Disease Control and Prevention and the Equal Employment Opportunity Commission (EEOC) said employers can mandate vaccinations.  The attorney also argues that Legaretta hasn’t claimed to have a qualifying condition preventing him from getting the vaccination.  The American Disabilities Act (ADA) and Title VII...
    US employers can legally require their workers to get vaccinated for COVID-19, but it is likely most will choose to make the shot optional instead, employment lawyers say.  Businesses have been weighing up whether or not to implement a mandatory vaccination policy among staff as the release of a coronavirus vaccine to the general public looms. The fast-tracked development of the shot is a long-awaited breakthrough amid the ongoing pandemic but has also sparked debate over how safe it actually is and if it should be compulsory in the workplace.   Employers generally have the legal authority to require staff to get vaccinated against the virus, though there are some exceptions. The prospect of the coronavirus vaccine being widely available to the public has raised questions about whether it should be made mandatory at the workplace. Pictured: A clinical trial patient being vaccinated HHS officials said on Tuesday that they're prepared to distribute 6.4 million doses of Pfizer's coronavirus vaccine in the first wave of its rollout as soon as the shot is given its expected FDA emergency approval...
    Massachusetts has received about 900 complaints from employees who say their workplaces are not safe amid the COVID-19 pandemic. The complaints were submitted through a form Governor Charlie Baker’s administration debuted May 20. As of July 7, Attorney General Maura Healey’s office had received more than 900 complaints, according to the Boston Business Journal. Businesses that have been the subject of six or more complaints include Target, Home Depot, and Ocean State Job Lot. Through the online form, employees have reported violations that include a failure to social distance and a lack of cleaning disinfection. There have been about 120 complaints from employees who said their bosses made them work despite the employees showing signs of being sick. On Monday, July 13, Baker unveiled a new webpage that directs employees with complaints to their local boards of health. 
    WASHINGTON - The U.S. Supreme Court ruled on Monday that federal employment laws prohibit discrimination against LGBTQ workers, delivering a major victory to sexual minorities in America.   In a 6-3 decision, the court ruled that that an “employer who fires an individual merely for being gay or transgender” in in violation of Title VII of the Civil Rights Act of 1964. Conservative Chief Justice John Roberts and fellow conservative Neil Gorsuch, who was appointed to the bench by President Donald Trump, joined the majority opinion. The civil rights law says that employers cannot discriminate “because of sex.” In 2015, the Equal Employment Opportunity Commission, under the Obama administration, ruled that the prohibition encompassed discrimination against LGBTQ (lesbian, gay, bisexual, transgender, questioning) people. However, the Trump administration sided with employers who were sued for discrimination in three cases that led to Monday’s ruling.   In two of the cases – Bostock v. Clayton County and Altitude Express v. Zarda – the question was whether Title VII of the 1964 Civil Rights Act prohibition on sex discrimination extends to sexual...
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