The COVID-19 pandemic placed a spotlight on the demands of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic...more
On November 5, 2021, the U.S. Secretary of Health and Human Services issued a rule amending the existing conditions of participation in Medicare and Medicaid to add a new requirement – that facilities ensure their covered...more
Beginning February 9, 2022, large employers will have to implement the COVID-19 testing requirements of the OSHA ETS. If employers implement a vax-or-test policy, they must comply with the weekly testing requirements and...more
On Wednesday December 22, 2021, the U.S. Supreme Court fast-tracked challenges to two federal vaccine mandates, and said it would hear oral arguments on the OSHA vax-or-test mandate for large employers and the CMS vaccine...more
Challenges to the federal government’s “vax-or-test” mandate for private employers with 100 or more employees started almost as soon as the Occupational Health & Safety Administration released its emergency temporary standard...more
On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more
To date, legal challenges to three federal vaccine mandates are pending in courts across the country. The following is an update regarding the status of those lawsuits and what types of employers are impacted by that...more
The Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standards (ETS) became effective on June 21, 2021. Compliance with most of the provisions was required by July 6, 2021. The last of those...more
Last month, the Biden administration unveiled its American Families Plan, an initiative focused on supporting children and families that includes making investments in education, extending tax cuts to lower and middle-income...more
The effect of furloughs on FFCRA leave -
Due to the financial impact of the COVID-19 pandemic, many employers have had to make the difficult decision to furlough members of their workforce. A furlough is not a layoff or...more
8/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
New Guidance ,
Paid Time Off (PTO) ,
Pay Reductions ,
Relief Measures ,
Remote Working ,
Telemedicine ,
Wage and Hour
Just recently, the U.S. Department of Labor issued guidance regarding the closure of summer camps, summer enrichment programs, and other summer programs, and whether those closures would allow an eligible employee to take...more
On May 5, 2020, the EEOC provided additional guidance to employers on employee accommodation issues that may arise in the context of return to work.
The updated guidance focuses on employees who may have an underlying...more
On April 23, 2020, the Equal Employment Opportunity Commission officially stated that employers may administer a COVID-19 test – the test used to detect the presence of the COVID-19 virus – to employees to determine if they...more
The Equal Employment Opportunity Commission continues to update its guidance on what employers should know about COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other Equal Employment Opportunity...more
The U.S. Department of Labor continues to update their guidance on the FFCRA on a regular basis. Most recently, the DOL has provided more explanation about the small business exemption, which would exclude a small business...more
The U.S. Department of Labor just recently updated its Q&A on the Families First Coronavirus Reponse Act, providing additional, much-needed guidance to employers. The interpretation and implementation to the FFCRA is changing...more
Wednesday, March 25th, the U.S. Department of Labor has provided employers covered by the Families First Coronavirus Response Act’s paid sick leave and expanded Family and Medical Leave provisions with the required notices to...more
On Tuesday afternoon, March 24, the U.S. Department of Labor issued Questions & Answers regarding the Families First Coronavirus Response Act.
Notably, the DOL clarified that the leave requirements under the Act become...more
As of March 19, 2020, the EEOC has confirmed that based on guidance from the Centers for Disease Control and other public health authorities, the COVID-19 pandemic meets the “direct threat” standard under the Americans with...more
The Equal Employment Opportunity Commission has just recently clarified that because the Centers for Disease Control and other state and local health authorities have acknowledged community spread of COVID-19 and issued...more