As most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100...more
11/10/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Multidistrict Litigation ,
OSHA ,
Premature Claims ,
Stays ,
Vaccinations ,
Virus Testing
Law and Practice Chambers -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more
10/29/2021
/ Alabama ,
Black Lives Matter ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Discrimination ,
Dispute Resolution ,
Employer Liability Issues ,
Employer Mandates ,
Gig Economy ,
Harassment ,
Health and Safety ,
Immigration ,
Interviews ,
NLRB ,
OSHA ,
Privacy Laws ,
Public Health Emergency ,
Restrictive Covenants ,
Retaliation ,
Sexual Harassment ,
State and Local Government ,
Technology ,
Termination ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
As we reported here, President Biden issued his “Path out of the Pandemic” memorandum on September 9, 2021. Part of that memorandum directed the Occupational Safety and Health Administration (OSHA) to develop a rule to...more
10/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The answer is it depends.
Why is the employee refusing the vaccine?
For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game...more
9/24/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Guidance Update ,
OSHA ,
Reasonable Accommodation ,
Termination ,
Title VII ,
Vaccinations
Yesterday, President Biden announced that he is entering two Executive Orders requiring COVID-19 vaccines for federal workers and contractors and that administrative agencies (the Centers for Medicare and Medicaid Services...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
Recently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the “COVID-19 Emergency Temporary Standard for Healthcare.” As we explained before,...more
9/2/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Enforcement Actions ,
Guidance Update ,
Infectious Diseases ,
Investigations ,
Masks ,
Medical Monitoring ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
After the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings...more
6/11/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Healthcare ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
As the construction industry continues to recover from the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health...more
Earlier this year, OSHA issued Guidance on Preparing Workplaces for COVID-19, an educational reference designed to advise employers in all industries on implementing engineering, administrative, and work practice controls and...more
12/22/2020
/ Coronavirus/COVID-19 ,
Documentation ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Inspections ,
OSHA ,
Personal Protective Equipment ,
Risk Assessment ,
Safety Data Sheets ,
Workplace Safety
This year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs,...more
10/9/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Influenza ,
Legislative Agendas ,
Objections ,
OSHA ,
Vaccinations
In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle.
EEOC Issues Opioid Accommodation Guidance -
While employers have...more
9/22/2020
/ Ban the Box ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Governor Cooper ,
Governor Kemp ,
Governor Lee ,
Health Care Providers ,
Lactation Accommodation ,
Medication-Assisted Treatment (MAT) ,
Opioid ,
OSHA ,
State and Local Government ,
State Legislatures ,
Substance Abuse ,
Written Notice
Since the beginning of the COVID-19 crisis, we have been talking about things to do to keep your employees safe and what laws apply in that arena. Recently, OSHA started handing out fines to companies for employee outbreaks...more
OSHA and the CDC have each recently issued new guidance for employers as more and more employees make their way back to on-site work following the COVID-19 shutdown. Here are a few tips to consider to ensure that you are...more
6/19/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
New Guidance ,
OSHA ,
Popular ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Sick Employees ,
Workplace Decontamination ,
Workplace Safety
Do you have to report an employee’s positive COVID-19 case to OSHA and will OSHA investigate it? On the reporting front, OSHA’s initial guidance said positive cases were reportable only in specific industries, like...more
The Occupational Safety and Health Administration (OSHA) recently reminded us that every employer needs a violence in the workplace policy or risk citation for third party criminal actions. The OSH Act’s general duty clause...more
The Occupational Safety and Health Administration (OSHA) published an interim final rule on July 1, 2016, that increases the maximum penalties for citations by more than 75 percent. This is the first increase in OSHA...more
The Occupational Safety and Health Administration (OSHA) published an interim final rule on July 1, 2016, that increases the maximum penalties for citations by more than 75 percent. This is the first increase in OSHA...more