On January 13, the United States Supreme Court reinstituted a stay on the Occupational Safety and Health Administration Emergency Temporary Standard (OSHA ETS), which mandates that employers with 100 or more employees require...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted a stay on the Occupational Safety and Health Administration's "vaccination-or-test" Emergency Temporary Standard (ETS), allowing the ETS to take...more
On November 18, 2021, District of Columbia Mayor Muriel Bowser signed emergency legislation that requires private employers in D.C. to provide eligible employees with paid time off for their own and their children’s COVID-19...more
On December 7, 2021, a federal district court issued a nationwide preliminary injunction prohibiting the U.S. government from enforcing its COVID-19 vaccination mandate for federal contractors while a legal challenge to the...more
On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more
11/18/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour
The Fifth Circuit’s decision temporarily suspending OSHA’s “vaccine-or-test” mandate is the first of what could be more stay decisions to come, say Hogan Lovells’ Sean Marotta, George Ingham, and Amy Kett. They explain how...more
A federal court of appeals in Louisiana has temporarily stayed the U.S. Occupational Safety and Health Administration’s (OSHA’s) COVID-19 vaccine-or-test mandate for larger employers. We address what to expect next from the...more
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) announced its long-awaited Emergency Temporary Standard (ETS) that requires employers with 100 or more employees, among other things, to...more
The Safer Federal Workforce Task Force (Task Force) has issued its guidance (Guidance) regarding the COVID-19 safety protocols that federal contractors must implement under President Biden’s recent Executive Order 14042. The...more
9/27/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced several new initiatives aimed at increasing COVID-19 vaccination rates in U.S. private sector workplaces, including directing the Occupational Safety and Health Administration...more
Following the CDC’s recent changes to its COVID-19 guidance, OSHA updated its COVID-19 guidance for non-health care settings to reflect more restrictive recommendations for employers in light of the increased transmissibility...more
8/18/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Citing concerns about potential spread of the COVID-19 “Delta variant” and the fact that even fully vaccinated individuals infected with the Delta variant can spread COVID-19 to others, on July 27, 2021, the Centers for...more
On June 10, 2021, the same day that it released its long-anticipated COVID-19 emergency temporary standard (ETS) for healthcare settings (which we discuss here), the U.S. Occupational Safety and Health Administration (OSHA)...more
On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released the first nationwide emergency workplace safety rule per President Joe Biden’s January executive order directing the agency to pursue an...more
On May 13, 2021, the CDC updated its guidance for fully vaccinated individuals (Vaccination Guidance), stating that fully vaccinated people (fully vaccinated means two weeks after receiving a second dose of the Moderna or...more
On April 20, 2021, the U.S. Occupational Safety and Health Administration (OSHA) updated its FAQs with guidance stating that employers who require their employees to get vaccinated as a condition of employment may need to...more
4/22/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On April 6, 2021, the U.S. Department of Labor Secretary Marty Walsh placed a “hold” on the implementation of a potential U.S. Occupational Safety and Health (OSHA) COVID-19 Emergency Temporary Standard (ETS), which would set...more
As employers are revising their return to work protocols in light of increased vaccination efforts and the prospect of increased on-site work, the federal government has been busy implementing additional COVID-19 safety...more
As employers are revising their return to work protocols in light of increased vaccination efforts and the prospect of increased on-site work, the federal government has been busy implementing additional COVID-19 safety...more
The U.S. Occupational Safety and Health Administration (OSHA) has issued revised guidance in the form of three new Q&As on its website further clarifying when employers must inform OSHA if employees are hospitalized or die...more
Effective July 27, 2020, Virginia employers must comply with new COVID-19 workplace safety standards, known as the Emergency Temporary Standard (ETS). The ETS applies to all employers subject to the jurisdiction of the...more
On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued Revised Enforcement Guidance (Guidance) requiring employers to investigate whether employee COVID-19 infections are “work-related” for the...more
As the world learns how to navigate the new normal, businesses have become accustomed to dealing with what used to be considered exceptional – managing mass shut-downs, disrupted supply chains, the collapse of demand, and the...more
5/12/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Operators of Essential Services ,
OSHA ,
Price Gouging ,
Re-Opening Guidelines ,
Rent ,
Rental Property ,
Retail Market ,
Social Distancing ,
Supply Chain ,
Telecommuting ,
Workplace Safety
On April 8, 2020, the Centers for Disease Control and Prevention (CDC) released updated interim guidance (Guidance) advising that asymptomatic critical infrastructure workers may be permitted to continue to work onsite...more
4/17/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Health and Safety ,
Operators of Essential Services ,
OSHA ,
Personal Protective Equipment ,
Screening Procedures ,
Social Distancing ,
Workplace Decontamination ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) will begin issuing industry-specific guidance to protect American workers during the COVID-19 pandemic. The guidance to date has been in the form of “tips” rather than...more