As the global community continues to manage the ever-evolving COVID-19 pandemic, countries have taken different approaches to addressing COVID-19 vaccinations. As we have discussed, Italy requires both public- and private-sector employees to possess government-issued health passes (i.e., the Green Pass) that demonstrate proof of (i) vaccination, (ii) a recent negative COVID-19 test result or (iii) recovery from COVID-19 in the six months prior to returning to the workplace. Although this measure stops short of requiring private-sector employees to receive COVID-19 vaccinations, it represents one of the world’s strictest COVID-19 vaccination requirements.
California Gov. Gavin Newsom signed several laws in 2021 that are impacting or will impact how employers interact with and manage their employees. From confidentiality and nondisparagement provisions in settlement agreements to production quotas in warehouses, we examine the laws that have gone into effect and which laws employers need to begin preparing for over the next one to two years.
A divided three-judge panel of the Ninth Circuit Court of Appeals vacated the January 2020 preliminary injunction against enforcement of Assembly Bill 51 (AB 51), and upheld portions of the law that prohibited employers from making arbitration agreements a condition of employment. As a result of this decision, the Ninth Circuit has resurrected California Labor Code § 432.6, that bars businesses from requiring workers to arbitrate job-related claims. However, the court invalidated portions of AB 51 imposing civil and criminal penalties for mandating arbitration in violation of § 432.6.