Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more
6/14/2021
/ Anti-Retaliation Provisions ,
Assisted Living Facilities (ALFs) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
First Responders ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Home Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
New Rules ,
Nursing Homes ,
OSHA ,
Physicians ,
Recordkeeping Requirements ,
Reporting Requirements ,
Sick Employees ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Concluding that a highly publicized lawsuit challenging Houston Methodist Hospital’s mandatory vaccination policy failed to state viable legal claims and misrepresented certain facts, federal Judge Lynn Hughes dismissed the...more
6/14/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Physicians ,
Vaccinations ,
Workplace Safety ,
Wrongful Termination
On the heels of Florida’s highly publicized COVID-19 vaccine passport ban, Texas Governor Greg Abbott announced on Tuesday via Twitter that he too had signed a law banning Texas businesses from requiring vaccine passports...more
Now that most states, the CDC, and OSHA have (or may soon) lift mask mandates for vaccinated workers, what is an employer to do about revealing an employee’s vaccination status? Under any relaxed masking guidance applicable...more
It appears an overwhelming number of employers are not mandating their employees receive the COVID-19 vaccine – more than four in five – but are instead encouraging their workforce to get inoculated from the virus. That’s...more
Responding to a huge looming question for employers, the Occupational Safety and Health Administration (OSHA) just issued an announcement referring businesses to the CDC’s new guidance advising that fully vaccinated people no...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
The announcement yesterday from the CDC that fully vaccinated people no longer need to wear a mask or physically distance in any non-healthcare setting was a welcome relief for all Americans and a hopeful sign that we have...more
It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Pushback against employer-mandated COVID-19 vaccines has stirred media attention in Texas, home to the world’s largest medical complex. Specifically, a nurse working at a hospital in the Houston Methodist system has...more
4/19/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Now that the country is on course to see all adult Americans eligible for COVID-19 vaccination in a matter of days, and an increasing number of employees are returning to the workplace, vaccination status is likely to be an...more
While many might be celebrating the first set of public health recommendations that permit relaxed safety standards for fully vaccinated people, employers should not be automatically changing their current safety practices as...more
Stopping short of completely eliminating quarantine requirements for people who have been fully vaccinated for COVID-19, the Centers for Disease Control and Prevention (CDC) just substantially relaxed its recommended...more
With public hesitancy regarding the COVID-19 vaccine still running high, employers are considering whether and how to encourage – or even incentivize – employees to get vaccinated. A significant issue that can be overlooked...more
The vast majority of employers are not considering mandating their employees receive the COVID-19 vaccine, instead choosing to encourage the shot – but a significant number of businesses remain confused and uncertain on...more
Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more
1/27/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Workplace Safety
President-elect Biden has unveiled an ambitious legislative package that would serve to not only provide a third wave of economic stimulus relief to address the impacts of the COVID-19 pandemic but also transform the American...more
1/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Paid Leave ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Insurance ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
As most know by now, the Food and Drug Administration (FDA) granted emergency use authorization for Pfizer’s COVID-19 vaccine in the U.S on Friday, December 11, and the first Americans began to receive the vaccine yesterday...more
The CDC recently adopted a recommendation from an advisory committee that healthcare workers should be the first in line to get COVID-19 vaccine shots after they receive approval from the Food and Drug Administration (FDA)....more
We have already taken a broad look at workplace law developments likely to emerge under Joe Biden’s administration, unless the political landscape shifts suddenly and dramatically. The healthcare industry is of course already...more
11/16/2020
/ Affirmative Action ,
Biden Administration ,
Coronavirus/COVID-19 ,
Data Privacy ,
Data Security ,
Employee Privacy Rights ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
Labor Relations ,
NLRB ,
Paid Leave ,
Physicians ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
As the flu season approaches and the COVID-19 pandemic continues, employers’ mandatory vaccination policies may soon become more important than ever. For several reasons, those policies will also attract unprecedented...more
8/19/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employee Privacy Rights ,
Employer Rights ,
Employment Discrimination ,
Employment Policies ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Influenza ,
OSHA ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Screening Procedures ,
Sick Employees ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As medical offices, clinics, and surgical centers re-open, employers will not only face questions about clinical protocols and recommended steps for disinfecting and safeguarding the workplace from COVID-19, but must also...more
6/22/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Sick Employees ,
Virus Testing ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) just issued interim enforcement guidance regarding respiratory protection, relaxing its standard in light of the nationwide shortage of N95 masks during the COVID-19...more
4/10/2020
/ Coronavirus/COVID-19 ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
Interim Guidance ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
The healthcare industry is truly on the front lines of the nation’s and the world’s response to COVID-19. As a result, healthcare providers, their employees, and affiliates are likely already well-versed on the virus and how...more
3/24/2020
/ Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Physicians ,
Public Health ,
Quarantine ,
Remote Working ,
Sick Leave ,
Unions ,
Workplace Safety
Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus – especially now that the...more
3/3/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Foreign Workers ,
Global Workforce ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
Labor Relations ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
WARN Act ,
Workplace Safety
As most in the healthcare industry know, the United States Department of Labor – Occupational Safety and Health Administration (OSHA) continues its scrutiny of the industry. According to OSHA, more workers are injured in the...more