Employers’ obligation to provide safe workplaces for employees is hardly new. The current COVID-19 pandemic, however, has forced health and safety at work to be top-of-mind across U.S. industries in ways not previously contemplated. Over the past several weeks, the Occupational Safety and Health Administration (OSHA) has issued important guidance regarding COVID-19, focusing specifically on what employers can and should do to ensure their workplaces are safe. Not only is compliance with OSHA’s guidelines important from the standpoint of ensuring worker safety, but failing to do so also can lead to legal risk and liability, as evidenced by a recent OSHA investigation involving Amazon, litigation filed this week, and an April 8 OSHA press release explaining how workers can file OSHA whistleblower claims. READ MORE
Roza is also an avid public speaker. She was selected to give the student commencement speech at her high school, college, and law school.
In addition to her employment practice, she uses her pro bono and community involvement to give hope to the voiceless and enact social change. She focuses on a wide rage of issues, such as public school integration, diversity initiatives, and immigration. Prior to Orrick, she also served in a number of community leadership roles.
Posts by: Roza Patterson
As of March 30, 2020, Maryland and Virginia became the latest states to issue stay-at-home orders to combat the spread of Coronavirus (COVID-19). The directive to keep people at home began just two weeks ago in California and has now been adopted by more than half the states. READ MORE
On Friday January 31, 2020, Judge Kimberly Mueller of the Eastern District of California granted a preliminary injunction blocking the enforcement of California Assembly Bill 51 (AB 51) to the extent it applies to arbitration agreements covered by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. AB 51 makes it unlawful to require workers or job applicants to enter into mandatory arbitration agreements covering claims under the California Fair Employment and Housing Act or the California Labor Code as a condition of employment or to obtain employment benefits. READ MORE
In 2018, the U.S. Supreme Court issued its landmark decision in Epic Systems Corp. v. Lewis—a decision that upheld the validity of class action waivers in arbitration agreements (discussed in our prior post). Since then, Democrats lobbied to overturn that decision. In 2018, Democrats introduced H.R. 7109, entitled the “Restoring Justice for Workers Act” to outlaw class action waiver provisions in employment contracts. Although that bill died in Congress, Democrats continue to pursue the fight to prohibit “forced” arbitration agreements and class action waivers. READ MORE
In a case of first impression, the Second Circuit has held that hostile work environment claims are cognizable under the American with Disabilities Act (ADA). In Fox v. Costco Wholesale Corporation, No.17‐0936‐CV (2d Cir. Mar. 6, 2019), the Second Circuit joined the Fourth, Fifth, Eighth, and Tenth Circuits to recognize this cause of action under the ADA. The court also provided useful guidance on when teasing may or may not suffice to establish a hostile work environment. READ MORE