Under updated EEOC guidance, an employer may now conduct mandatory COVID-19 testing only if such testing is “job-related and consistent with business necessity.”
Employers should assess a number of factors before...more
On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (“OSHA”) enforcement of its COVID-19 Emergency Temporary Standard (“ETS”). Among other things, the ETS would have...more
1/17/2022
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the 6th Circuit Court of Appeals lifted the stay on OSHA’s COVID-19 Emergency Temporary Standard (“ETS”), allowing OSHA to move forward with enforcing the ETS — including its rule requiring large...more
On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 Technical Assistance Guidance to address when COVID-19 is a disability within the meaning of the Americans with Disabilities Act...more
Updates Regarding COVID-19 Vaccine Mandate for Federal Contractors Released November 12, 2021 On November 4, 2021, the White House announced that the deadline for the federal contractor vaccination mandate will be extended...more
11/12/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Compliance ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
OSHA ,
Reasonable Accommodation ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 24, 2021, the Safer Federal Workforce Task Force issued its much-anticipated guidance regarding new COVID-19 workplace safety requirements for federal contractors (the “Guidance”). The Guidance comes in response...more
9/29/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Masks ,
OSHA ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Web Tracking ,
Workplace Safety
On September 9, 2021, President Biden unveiled his administration’s plan to combat the recent COVID-19 surge across the United States, referred to by the administration as the “Path out of the Pandemic.” The plan, in...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Workplace Safety
On May 17, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance to employers, instructing employers to refer to recent Centers for Disease Control and Prevention (CDC) guidance for...more
5/19/2021
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act into law, which will require New York State employers to implement workplace health and safety standards to protect their...more
5/12/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Covered Employer ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Failure to Comply ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Mandatory Requirements ,
New York ,
Policies and Procedures ,
Workplace Safety
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued detailed health and safety guidance to inform employers and employees of recommended strategies to mitigate the risk of exposure to...more
2/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
Health and Safety ,
New Guidance ,
New Legislation ,
OSHA ,
Reporting Requirements ,
Workplace Safety
On January 21, 2021, President Joe Biden used his first full day in office to issue an Executive Order focused on increased COVID-19 protections for the nation’s workers, including the most vulnerable essential employees. As...more
1/26/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
Health and Safety ,
New Guidance ,
New Legislation ,
OSHA ,
Workplace Safety
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers regarding the intersection of employer COVID-19 vaccine policies and various federal equal employment opportunity...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Emergency Use Authorization (EUA) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On June 18, 2020, the U.S. Occupational Safety and Health Administration (OSHA) released a new publication entitled Guidance on Returning to Work. The Guidance contains recommendations regarding best practices for employers...more
As businesses across the country move toward re-opening in the midst of the COVID-19 pandemic, the Equal Employment Opportunity Commission (“EEOC”) continues to provide updates to its guidance to employers relating to...more
The Centers for Disease Control and Prevention (CDC) has issued new guidance for employers who operate in office buildings. The CDC’s guidance provides recommendations on how to prevent the spread of COVID-19 within office...more
6/4/2020
/ Air Quality Standards ,
Centers for Disease Control and Prevention (CDC) ,
Health and Safety ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Sick Employees ,
Social Distancing ,
Ventilation Systems ,
Virus Testing ,
Work Schedules ,
Workplace Safety
The Occupational Safety and Health Administration (“OSHA”) has changed its policy for employer recording of COVID-19 cases among its workforce. OSHA’s new policy rescinds prior guidance announced in April 2020 (discussed...more
On May 18, 2020, Governor Baker announced a four-phase reopening plan for Massachusetts. Of particular importance for Massachusetts business, the Reopening Plan will allow many businesses to reopen in a phased manner, albeit...more
On May 11, 2020, Massachusetts released a set of mandatory safety standards that will apply to businesses as they begin to open their doors in the coming weeks pursuant to the Commonwealth’s four-phased plan. The workplace...more
As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are...more
4/2/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
OSHA ,
Paid Leave ,
Sick Employees ,
Sick Leave ,
Sick Pay ,
State of Emergency ,
Traveling Employee ,
Virus Testing ,
Workplace Safety
As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employee Privacy Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
Layoffs ,
Paid Time Off (PTO) ,
Reporting Requirements ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Unions ,
Workplace Safety