As many aspects of our lives return to “normal” after two years in the COVID-19 pandemic, individuals with caregiving responsibilities—for children, grandchildren, parents, partners or other family members—often remain in...more
Last month, the U.S. Supreme Court struck down the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine or test mandate for businesses with at least 100 employees. Thereafter, the Biden Administration...more
2/15/2022
/ Biden Administration ,
Biden v Missouri ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Policies and Procedures ,
SCOTUS ,
Vaccinations ,
Virus Testing
On Jan. 13, the U.S. Supreme Court issued rulings that impact two important aspects of the Biden Administration’s efforts to combat the COVID-19 pandemic.
...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100 or more...more
On Sept. 9, 2021, President Biden announced a six-part plan to combat COVID-19. In spoken remarks, he described a “pandemic of the unvaccinated,” caused by the fact that nearly 80 million Americans have yet to get a shot. To...more
The Department of Labor’s Occupational Safety and Health Administration (OSHA) recently issued a COVID-19 Emergency Temporary Standard (ETS) for the healthcare industry. The new standard focuses on protecting healthcare...more
6/15/2021
/ Assisted Living Facilities (ALFs) ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Exemptions ,
First Responders ,
Healthcare ,
Healthcare Workers ,
Home Health Care ,
Hospitals ,
Non-Exempt Employees ,
Nursing Homes ,
OSHA ,
Safety Standards ,
Vaccinations
Today, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a COVID-19 Emergency Temporary Standard (ETS) for the healthcare industry. This ETS mandates the development and implementation of a...more
6/11/2021
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Guidance Update ,
Healthcare ,
Healthcare Workers ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Vaccinations ,
Workplace Safety
The Equal Employment Opportunity Commission (EEOC) issued updated Question and Answer Guidance on COVID-19 vaccinations today. The new guidance clarifies several issues that were making some employers reluctant to provide...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations
There is no clear guidance on whether employers may treat vaccinated and unvaccinated employees differently. Employers considering changes to their policies that would treat employees differently based on vaccination status,...more
5/17/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Governor Cooper ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
On March 8, 2021, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for people who have been vaccinated for COVID-19. (A person becomes “vaccinated” two weeks after receiving the second shot of the...more
Starting Jan. 1, 2021, employers subject to the Families First Coronavirus Response Act (FFCRA) are no longer required to provide employees with COVID-related paid leave, but they may do so in some situations and still...more
12/31/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Family Medical Leave ,
IRS ,
New Legislation ,
Paid Leave ,
Popular ,
Relief Measures ,
Sick Leave ,
State and Local Government ,
Tax Credits ,
Trump Administration
On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) released its much-awaited guidance on the COVID-19 vaccine in the workplace. (See section “K. Vaccinations” at this link(link is external) for the full...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Health and Safety ,
Interactive Process ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
On Dec. 2, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance to local health departments regarding their options and choices for shortening the length of quarantine after a person is exposed...more
On Friday, Sept. 11, 2020, the U.S. Department of Labor (DOL) issued revisions to their original regulations on paid leave under the Families First Coronavirus Response Act (FFCRA). These revisions are in response to the Aug....more
9/15/2020
/ Amended Regulation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Hospitality Industry ,
Human Resources Professionals ,
Job Duties ,
Operation & Maintenance ,
Paid Leave ,
Service Professionals
A federal court in New York has invalidated portions of emergency Department of Labor (DOL) regulations that employers have been using to create their policies and determine whether to grant leave under the Families First...more
8/6/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
Paid Leave ,
Re-Opening Guidelines ,
State and Local Government
The one constant in the COVID-19 pandemic is that the guidance keeps changing. We have highlighted it before and we’ll do it again: Part of every employer’s COVID-19 preparedness and response plan needs to include the...more
The crisis has not passed, but many employers are reaching out to us about returning their employees to work. Brooks Pierce Labor and Employment attorneys Natalie Sanders and Jessi Thaller-Moran discuss what employers should...more
Three agencies have provided updated guidance for employers on essential COVID-19 issues:
• The Department of Labor (DOL) addressed how new leave laws apply to these situations:
-Domestic workers;
-Those working through...more
5/12/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Domestic Workers ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Cooper ,
New Guidance ,
Re-Opening Guidelines ,
Remote Working ,
School Closures ,
Sick Leave ,
Temporary Employees
Brooks Pierce has been honored to have so many North Carolina employers rely on us for up-to-date guidance on personnel matters stemming from the COVID-19 crisis. Employers can also expect timely webinars and roundtables from...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA contains two key provisions for employers – the Emergency Family and Medical Leave Expansion Act (EFMLEA) and...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA contains two key provisions for employers – the Emergency Family and Medical Leave Expansion Act (EFMLEA) and...more
On April 9, the Equal Employment Opportunity Commission (EEOC) posted additional, updated guidance for employers regarding COVID-19, the ADA, and other EEO laws, and consolidated all its COVID-19 related advice...
It...more
An employee may have been exposed to COVID-19. What do you do?
This question is becoming more common for essential businesses that continue to operate during quarantines. On April 8, the CDC issued a new Interim Guidance...more
March 26, 2020, the Department of Labor (DOL) issued additional guidance on how the Families First Coronavirus Response Act (FFCRA) will be applied, the latest in a string of expected clarifications leading up to the April 1...more
The Department of Labor (DOL) shared more insights into the Families First Coronavirus Response Act (FFCRA). These latest additions to the DOL’s guidance include a few surprises...more
4/1/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
New Guidance ,
Paid Family Leave Law ,
Sick Leave ,
Sick Pay