On Thursday, September 9, 2021, President Biden announced his new COVID-19 plan entitled “Path out of the Pandemic” (Plan). While this Plan includes several provisions, this e-alert highlights a few of those of most interest...more
On August 13, 2021, OSHA updated Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (Guidance) related to the COVID-19 vaccine and masking.
The Guidance now incorporates the...more
The newly-appointed General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, has issued a memorandum to NLRB regional offices saying that she intends to “reexamine” positions taken by her predecessors...more
OSHA issued a COVID-19 Emergency Temporary Standard (ETS) on June 10, 2021 that applied to the healthcare sector. Included in the ETS is an exemption from the masking, distancing, and barrier requirements for employees who...more
8/10/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Guidance Update ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
After many months of mostly virtual enforcement, OSHA is back to in-person site inspections and OSHA enforcement has become a priority for the Administration. As such, businesses should be aware of rights they have and how to...more
On Thursday, June 10, 2021, OSHA finally issued its long-delayed COVID-19 Emergency Temporary Standard (“ETS”) which is effective immediately. However, it applies only to the healthcare sector. Applicable employers must...more
6/11/2021
/ Assisted Living Facilities (ALFs) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Nursing Homes ,
OSHA ,
Workplace Safety
Today the EEOC updated its FAQ at Section K regarding vaccination requirements in the workplace. It also issued guidance for employees and job applicants entitled “Federal Laws Protect You Against Employment Discrimination...more
5/28/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
OSHA has changed course and is now advising employers they do not need to record employees’ adverse reactions to COVID-19 vaccines on their OSHA logs. A month ago, OSHA’s position was adverse vaccine reactions had to be...more
In follow up to our last post regarding CDC’s mask guidance, note that today OSHA updated its website to state the following...more
There are two new developments on the OSHA COVID-19 front to report. First, yesterday, OSHA sent a draft of a new, mandatory, temporary emergency standard on COVID-19 to the Office of Management and Budget (OMB) for review. ...more
Last October, we shared information about the emergency rule that created DWD 120.02 which required Wisconsin employers to notify workers of the availability of unemployment insurance upon separation of employment in a post...more
On March 30, 2021, Governor Tony Evers and the Wisconsin Department of Human Services (DHS), announced that everyone age 16 and over will be eligible for the COVID-19 vaccine starting April 5, 2021. Currently the Pfizer...more
Marathon County -
Governor Tony Evers and the Wisconsin Department of Health Services (DHS) announced on March 25, 2021 that a community-based vaccination clinic will open in Marathon County on April 6, 2021. The clinic...more
On February 25, 2021, Governor Tony Evers signed 2021 Wisconsin Act 4 (“Act”). The Act became effective on February 26, 2021. The Act, in part, created broad immunity to civil liability related to exposure of COVID-19 for...more
On Thursday, February 4, 2021, the Wisconsin State Assembly (“Assembly”) voted on a resolution to repeal the mask mandate. This vote came a week after the Wisconsin State Senate (“Senate”) voted on the same resolution to...more
Today the CDC issued its “COVID-19 Vaccine Communication Toolkit for Essential Workers: Getting Started”, which includes posters, FAQs, and templates to use when communicating with your workforce about the vaccine...more
Happy New Year! As we move into 2021, we know that many of you are considering whether to require employees to get the COVID-19 vaccination. The current COVID-19 vaccines have received Emergency Use Authorization (“EUA”)...more
On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021, which President Trump is expected to sign. The Act does not extend the Family First Coronavirus Response Act (“FFCRA”). The FFCRA mandated...more
Today the EEOC updated its guidance surrounding COVID-19 and vaccinations in the publication titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” In its most recent update, the...more
On December 2, the CDC updated its guidance for quarantining after exposure to COVID-19. The CDC still recommends a 14-day quarantine as the safest option, however, it has provided two acceptable alternatives to shorten the...more
The Centers for Disease Control and Prevention (CDC) and the Wisconsin Department of Health Services (DHS) have updated the definition of “close contact” for quarantine purposes. Previous guidance provided that close contact...more
The Wisconsin Department of Workforce Development adopted an emergency rule to create DWD 120.02 which was approved by Governor Evers on September 23, 2020....more
Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many...more
9/30/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Wage ,
OSHA ,
Over-Time ,
Proposed Rules ,
Wage and Hour