On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA's COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees...more
1/17/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more
12/21/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
OSH Act ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 6, 2021, New York City Mayor Bill de Blasio announced a new COVID-19 vaccine mandate for all private sector employers that employ more than one employee in New York City. On December 15, 2021, the New York City...more
On December 6, 2021, New York City Mayor Bill De Blasio announced a new COVID-19 vaccine mandate for all private-sector employers who employ one or more employees in New York City.
The mandate will require that all covered...more
We have reported on OSHA Emergency Temporary Standard (“ETS”), published on November 5th, that mandates that covered employers require their employees to be fully vaccinated against COVID-19 or obtain weekly COVID-19 tests...more
On November 12, the Fifth Circuit extended its stay on OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden announced that COVID-19 vaccinations will be mandatory for a significant swath of the United States workforce. The White House announced a comprehensive, six-pronged plan to combat...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
With COVID-19 cases once again rising due to the spread of the more contagious Delta variant, the Centers for Disease Control (“CDC”) and the Biden Administration have issued new guidance and requirements on masking and...more
8/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Jurisdiction ,
Masks ,
New Guidance ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations
Employers should ensure they have appropriate policies in place for properly handling confidential medical records.
On March 19, 2021, New Jersey adopted guidance from the Equal Employment Opportunity Commission and...more
Employers should be mindful of this new leave law understanding that they may not take any adverse action, discriminate, or retaliate against an employee for requesting leave to receive the COVID-19 vaccine.
New York...more
The American Rescue Plan of 2021 (the Rescue Plan) is a massive $1.9 trillion COVID-19 pandemic relief package that contains some key employment-related provisions.
The Rescue Plan provides additional benefits to...more
3/17/2021
/ American Rescue Plan Act of 2021 ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Pandemic Unemployment Compensation (FPUC) ,
Paid Leave ,
Pandemic Emergency Unemployment Compensation (PEUC) ,
Pandemic Unemployment Assistance (PUA) ,
Relief Measures ,
Tax Credits ,
Unemployment Benefits
On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
The Order reflects President Biden’s promises...more
2/22/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Guidance Update ,
Health and Safety ,
Masks ,
OSH Act ,
OSHA ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
We’ve reported, at length, on Virginia’s first-in-the-nation, state-wide, temporary COVID-19 workplace safety standard linked below. That standard took effect on July 27, 2020, and will expire on January 26, 2021.
This...more
Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Incentives ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
After months of debate, Congress has passed, and President Trump is expected to sign, a COVID-19 relief, appropriations, and tax bill. Doubtlessly, the Bill, which is nearly 6,000 pages long, will undergo much scrutiny and...more
Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.
The update incorporates...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Furloughs ,
GINA ,
Guidance Update ,
Layoffs ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Virus Testing
The Families First Coronavirus Response Act allows eligible employees to take up to two weeks of paid sick leave and up to 12 weeks of expanded family and medical leave – 10 paid – for specified reasons related to the...more
On August 24, 2020, the US Department of Labor (DOL) issued Field Assistance Bulletin No. 2020-5 addressing employer obligations for tracking time worked by remote workforces.
The guidance is timely, given the transition...more
On August 13, Mayor Muriel Bowser signed into law the “Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020.”
Under it, District of Columbia employers must have, by August 20, adopted and...more
On August 3, 2020, in a lawsuit filed by the State of New York, United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order)...more
8/12/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee's Childcare ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Leave of Absence ,
Paid Leave ,
Paid Sick Leave
This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
The first summarized the standard’s mandates for all covered employers. The second addressed the...more