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Should Employers Ask Applicants About Vaccination Status?

As more employers are considering (or being legally required to consider) implementing COVID-19 vaccination mandates, they should also consider if and how to ask job applicants about their vaccination status. The federal...more

White House Issues Mandatory Vaccination Guidance for Federal Contractors

The Safer Federal Workforce Task Force has issued a guidance document intended to help implement President Joe Biden’s executive order requiring COVID-19 vaccinations and other measures for all federal workers and U.S....more

Could Certain COVID-19 Vaccination Exception Requests Signal a Protected Mental Disability?

Employers implementing mandatory COVID-19 vaccination requirements are facing a slew of requests for medical and religious exemptions. Most of these exemptions are based on things like a long-held religious belief or medical...more

OSHA Releases Initial Information on COVID-19 Vaccination Mandate for Many Private Employers

A few days following President Joe Biden’s announcement of the COVID-19 vaccination or testing mandate for employers with 100 or more employees, the federal Occupational Safety and Health Administration held a webinar to...more

Long-Term COVID-19 Symptoms Raise Specter of Future Failure-to-Hire Claims

Earlier this summer, the U.S. Equal Employment Opportunity Commission reminded employers that people suffering long-term COVID-19 symptoms could be entitled to reasonable accommodations under the Americans with Disabilities...more

Do Punitive Measures Taken Against Unvaccinated Employees Raise Legal Issues?

In recent months, we have reported extensively on the various carrot-and-stick approaches taken by employers to try to incentivize employees to get the COVID-19 vaccine. In recent weeks, we have seen employers frustrated over...more

How Mandatory COVID-19 Vaccination Policies Can Affect Vendor Staffing Plans

We received notice last week from a health care client that, as of October, any employee of a vendor that enters their work premises must provide proof of vaccination from the coronavirus. For our firm, this means that...more

Federal Contractors May Face Additional COVID-19 Vaccine Mandates

A month ago, President Joe Biden issued an executive order mandating COVID-19 vaccinations or frequent testing for federal employees. This order also contained a requirement that employees of federal contractors working at...more

Permanent Approval of the Pfizer COVID-19 Vaccine May Prompt Employers to Mandate Vaccinations

On Monday, the Food and Drug Administration gave permanent approval to Pfizer’s COVID-19 vaccine. Similar approval of the Moderna vaccine may be forthcoming, with eventual approval of the Johnson & Johnson one-shot...more

OSHA Updates Guidance for Employers on COVID-19 Control Measures

Last Friday, the federal Occupational Safety and Health Administration issued updated guidance for employers on best practices for avoiding workplace spread of the COVID-19 virus. It incorporates revised CDC guidelines...more

Can Employers Provide Extra Paid Leave Only to Vaccinated Employees?

Over the past few weeks, we have had a number of clients (not in health care) ask whether they can provide additional paid time off to employees who need to be away from work due to coronavirus-related reasons. While...more

New Federal Guidance Classifies Long-Term COVID-19 Effects as Potential Disabilities

July 26 was the 31st anniversary of the enactment of the Americans with Disabilities Act. In an announcement associated with that anniversary, President Joe Biden’s administration indicated that long-term symptoms associated...more

Correction: South Carolina OSHA Says Federal COVID-19 Emergency Standard Is Not in Effect

A week ago, we published an alert explaining the South Carolina Department of Labor, Licensing and Regulation’s issuance of a press release announcing that the state has decided to issue a general infectious disease standard...more

OSHA Releases COVID-19 Plan Template and Flowchart for ETS Coverage

The federal Occupational Safety and Health Administration’s emergency temporary safety standard (ETS) for healthcare employers took effect July 6. Affected employers have 30 days to come into compliance with the new rule....more

North Carolina Evaluating Its Response to Federal OSHA's Emergency COVID-19 Rules

The federal Occupational Safety and Health Administration’s COVID-19 emergency temporary standard for the health care industry takes effect July 6. However, states that enforce their own OSHA programs have different...more

Federal Court Dismisses Claim From Estate of Employee's Spouse Who Died From COVID-19

If employees allege that they contracted COVID-19 as the result of a workplace exposure, state workers’ compensation laws may prevent them from pursuing a negligence claim against the company. What happens, however, when the...more

Revised OSHA COVID-19 Guidance Focuses on Unvaccinated Workers

In addition to its new COVID-19 emergency temporary standard for health care employers, the Occupational Safety and Health Administration released a companion revision to its general guidance on mitigating and preventing the...more

OSHA Issues Emergency COVID-19 Rules for Healthcare Employers

Yesterday, the federal Occupational Safety and Health Administration issued an emergency temporary standard (ETS) requiring COVID-19 exposure control practices for the healthcare industry. OSHA originally considered a broader...more

Laws Against Vaccination Passports Do Not Limit Employers' Rights

A new Florida law restricting businesses from asking customers about COVID-19 vaccination status or denying goods or services on this basis has made headlines nationwide. Similar “anti-vaccine passport” laws have been passed...more

EEOC Updates Advice to Employers on COVID-19 Vaccinations

On May 28, the federal Equal Employment Opportunity Commission updated its COVID-19 “Technical Assistance Questions and Answers” for employers to provide additional guidance on vaccination policies. While the update does not...more

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

OSHA Will Not Require Recording of Adverse Vaccine Reactions

Earlier this week, the federal Occupational Safety and Health Administration issued an update to its COVID-19 frequently asked questions to clarify that, at least for now, employers will not be required to record adverse...more

OSHA-Targeted COVID-19 Inspections Could Impact Health Care and Hospitality Industries

The federal Occupational Safety and Health Administration appears to be losing interest in issuing temporary emergency regulations related to COVID-19 safety practices. Changing science and diminishing infection rates due to...more

Responding to Accommodation Requests From Unvaccinated Employees

As more businesses move toward ending remote working arrangements, we have had a number of questions from clients with regard to employee requests to continue working from home for medical reasons. The employees cite a...more

President Biden Touts Vaccination Tax Credit for Small Businesses

On April 21, President Joe Biden encouraged employers to claim a new tax credit for small and medium sized businesses that provide employees with paid time off to obtain COVID-19 vaccinations. The new credit is intended to...more

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