Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more
2/1/2022
/ Advertising ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Healthcare ,
Healthcare Workers ,
Infectious Diseases ,
Life Sciences ,
Medical Devices ,
National Federation of Independent Business v Department of Labor and OSHA ,
OPDP ,
Opioid ,
OSHA ,
Pharmaceutical Industry ,
Prescription Drugs ,
Supply Chain ,
Vaccinations
On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more
1/21/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
While most healthcare providers have been struggling with staffing during the holidays, the Centers for Medicare and Medicaid Services (“CMS”) has been active in providing an enforcement update on the Omnibus COVID-19 Health...more
On November 6, 2021, two days after the Occupational Health and Safety Administration (“OSHA”) issued its highly anticipated COVID-19 Vaccine & Testing Mandate Emergency Temporary Standard (the “ETS”), the Fifth Circuit Court...more
In the course of 24 hours, two federal district courts, one in Missouri and one in Louisiana, issued preliminary injunctions that prevent the Centers for Medicare and Medicaid Services (“CMS”) from implementing and enforcing...more
On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
Lack of Authority ,
OSHA ,
Vaccinations ,
Workplace Safety
On November 16, 2021, the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) was selected to hear the many legal disputes relating to OSHA’s recent Emergency Temporary Standard (“ETS”) that proliferated in...more
On November 4, 2021, Occupational Health and Safety Administration (“OSHA”) issued its highly anticipated Emergency Temporary Standard (the “ETS” or the “Mandate”) requiring U.S. employers with 100 or more employees to...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
New Rules ,
OSHA ,
Public Health Emergency ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more
On September 9, 2021, President Biden announced a sweeping action plan to address the ongoing COVID-19 pandemic in the United States, entitled The Path Out of the Pandemic. This plan is based on six pillars identified by the...more
With the reopening of large segments of the workplace and the emergence of the Delta variant, employers have grappled with difficult and often polarizing issues regarding how to implement COVID-19 vaccination protocols in the...more
The healthcare industry has finally received long-awaited guidance from the Occupational Safety and Health Administration (“OSHA”) regarding COVID-19 protection standards. On June 10, 2021, OSHA issued an Emergency Temporary...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 Technical Assistance Questions and Answers (“Q&A”) page to add significant additional information regarding the range of options...more
On May 13, 2021, the Centers for Disease Control and Prevention issued updated guidance stating that fully vaccinated people no longer need to wear a mask or physically distance, including if indoors. Fully vaccinated...more
With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more
12/22/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Emergency Use Authorization (EUA) ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Food and Drug Administration (FDA) ,
Healthcare Facilities ,
Hospitals ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
Just as the first batches of the COVID-19 vaccine are being distributed, the Equal Employment Opportunity Commission (EEOC) issued long-awaited guidance for employers regarding how to implement vaccines in a manner consistent...more
On August 27, 2020, the U.S. Department of Labor (DOL) updated its “Families First Coronavirus Response Act: Questions and Answers” page to include three new FAQs tackling the difficult and evolving leave issues associated...more
Georgia’s film and television industry is poised to return to work. On April 27, 2020, Governor Brian Kemp issued an Executive Order, which cleared the way for most Georgia businesses to re-open following a four-week...more
Employers in the process of reopening this summer are frequently fielding a novel question from employees: requests for time off to care for a child whose summer plans have been disrupted. Fortunately, the Department of Labor...more
As states across the country are easing stay-at-home restrictions imposed because of COVID-19 and the economy is beginning to reopen, many businesses are looking to bring their employees back to the workplace. While some...more
With the U.S. Equal Employment Opportunity Commission’s (EEOC) recent “green-light” to test employees for COVID-19 before permitting them to enter the workplace, more employers are considering incorporating testing as part of...more
On May 5, 2020, SBA/Treasury finally answered the important question of whether a small business located in the US needed to count the number of employees of its “foreign affiliates” in its size standard eligibility...more
Businesses now have one extra week to conduct their risk/reward analyses to decide whether to return their PPP loans. In prior guidance (Treasury FAQ 31 and 37), the SBA reminded borrowers that they “should review carefully...more
“Should I stay or should I go now? If I go there will be trouble. If I stay it will be double.” The Clash, 1982. Business owners, especially retailers, are asking themselves this question seemingly only moments after they...more
On April 23, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) published new guidance permitting employers to test employees for COVID-19 before allowing them to enter the workplace. Under the Americans with...more