When the COVID-19 pandemic began in 2020, employers found themselves in uncharted territory – a new virus, public health emergency declarations, and legislation. Against this onslaught of emerging circumstances, the Equal...more
While the fate of two COVID-19 vaccination rules by federal agencies were decided in January by the Supreme Court of the United States, millions of employees working for the federal government, whether directly or as a...more
The first state to implement workplace health and safety standards for COVID-19 is poised to roll back those requirements. Virginia’s Permanent COVID-19 Employee Health and Safety Requirements (the “Permanent Standard”)...more
As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days...more
On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the nationwide injunction against the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by...more
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Important guidance regarding COVID-19 testing in the workplace was recently issued by the Centers for Medicare & Medicaid Services (“CMS”) in the form of Frequently Asked Questions regarding Over the Counter (“OTC”) Home...more
As we previously reported, President Biden issued Executive Order 14042 (the Order), which mandated that employees of contractors and subcontractors performing work on federal contracts be fully vaccinated against COVID-19 by...more
As we previously reported, the Centers for Medicare and Medicaid Services’ (CMS) interim final rule (“the Rule”) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and...more
On Friday, November 12, 2021, a panel of the U.S. Court of Appeals for the Fifth Circuit issued a strongly worded decision granting a motion to prevent the Occupational Safety and Health Administration (OSHA) from...more
As we previously reported, effective November 5, 2021, the Occupational Safety & Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure that covered...more
On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the long-awaited COVID-19 Emergency Temporary Standard (ETS) for employers with 100 or more employees. At the...more
In response to the Path Out of the Pandemic: COVID-19 Action Plan announced by President Biden on September 9, and Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Order”), signed...more
Since President Biden issued Executive Order 14042 (the “Order”), and the Safer Federal Workforce Task Force (the “Task Force”) issued companion Guidance interpreting the Order (our summary of which can be found here), there...more
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued a long-awaited Emergency Temporary Standard (“ETS”) to protect health care workers from COVID-19. This new temporary standard applies to...more
6/17/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Home Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Popular ,
Workplace Safety
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued updated guidance (“Guidance”) for businesses and employers on COVID-19 prevention and mitigation in a post-vaccine workplace. This Guidance...more
6/17/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Risk Management ,
Wage and Hour ,
Workplace Safety
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the release of updated guidance regarding the COVID-19 vaccine, providing welcome clarity around a number of vaccine-related issues for...more
It’s #WorkforceWednesday! This week, we discuss how employers are navigating COVID-19 vaccination policies and new worker organization and whistleblowing risks.
Legal Considerations for COVID-19 Vaccination Policies (see...more
5/5/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disparate Treatment ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Last summer, we reported on Virginia’s adoption of an “Emergency Temporary Standard for Infection Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19” (the “Temporary Standard”), which made Virginia the first state to...more
As the first wave of COVID-19 vaccinations are being administered across the United States, employers are considering whether to mandate and/or administer the COVID-19 vaccine to employees. On December 16, 2020, the U.S....more
It’s #WorkforceWednesday! This week, the next big challenge for employers—vaccine policy readiness. We also look at how the U.S. Supreme Court might rule on two employee benefits-related issues.
It’s Time to Ready Your...more
11/25/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Health and Safety ,
Infectious Diseases ,
Interactive Process ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As COVID-19 cases once again surge across the country, Washington, D.C. employers must remember to provide both paid and unpaid leave under the new District of Columbia Coronavirus Support Temporary Amendment Act of 2020...more
On July 27, 2020, Virginia became the first state in the nation to implement workplace safety and health standards for COVID-19. The Safety and Health Codes Board adopted § 16VAC25-220, an Emergency Temporary Standard for...more
Virginia has become the first state in the nation to implement workplace safety and health standards for COVID-19. On July 15, 2020, the state Safety and Health Codes Board adopted § 16VAC25-220, an “Emergency Temporary...more
On March 11, 2020, the World Health Organization declared that the 2019 novel coronavirus (known as “COVID-19”) is now a pandemic. The effects continue to be felt in the United States, which currently has well over 1,000...more
3/17/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Contingency Plans ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
Foreign Workers ,
Health Care Providers ,
Healthcare Facilities ,
Home Healthcare Workers ,
Immigrants ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Public Health ,
Screening Procedures ,
Sick Leave ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration
On March 11, 2020, the World Health Organization declared that COVID-19 is now a pandemic. The effects continue to be felt in the United States, which now has well over 1,000 confirmed novel Coronavirus disease (COVID-19)...more
3/16/2020
/ Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Health Care Providers ,
Infectious Diseases ,
Life Sciences ,
Medical Supplies ,
Personal Protective Equipment ,
Policies and Procedures ,
Preventive Health Care ,
Public Health ,
Risk Management ,
Strategic Planning ,
Threat Management ,
Trump Administration ,
Workplace Safety