It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance,...more
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic.
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10/21/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Premium Pay ,
Private Attorneys General Act (PAGA) ,
Religious Discrimination ,
Remote Working ,
Vaccinations ,
Wage and Hour ,
WARN Act
The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees...more
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
The Court described the standard as a “blunt...more
1/14/2022
/ Americans with Disabilities Act (ADA) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Title VII ,
Vaccinations ,
Virus Testing
The Occupational Safety and Health Administration (OSHA) has announced that it is withdrawing most of the Emergency Temporary Standard for healthcare employers (Healthcare ETS) it promulgated more than six months ago...more
More than six months after the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard for healthcare employers (Healthcare ETS), OSHA announced its intentions to propose an infectious...more
The U.S. Supreme Court has scheduled expedited arguments on the U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency...more
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for...more
Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100...more
11/4/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Employees ,
Food and Drug Administration (FDA) ,
Joe Biden ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Reporting Requirements ,
Retaliation ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies
Manufacturing employers continue to feel the brunt of emerging and evolving trends related to the COVID-19 pandemic: workplace safety, labor shortages, absence management, remote technology, and employee retention — just to...more
Federal contractors and subcontractors were left with a lot to consider last Friday (September 24, 2021), when the Safer Federal Workforce Task Force issued COVID-19 Workplace Safety Guidance implementing President Joe...more
9/30/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
OSHA ,
Religious Exemption ,
Service Contract Act ,
Subcontractors ,
Vaccinations
On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan (the Plan). The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers...more
In its latest guidance, the Centers for Disease Control and Prevention (CDC) recommends that everyone — including individuals fully vaccinated with one of the available COVID-19 vaccines — wear masks in indoor public settings...more
The CDC is now recommending that everyone – including fully vaccinated individuals – wear masks in indoor public settings in all areas with substantial and high transmission of the COVID-19 virus and get tested following...more
After releasing an Emergency Temporary Standard (ETS) for COVID-19 for healthcare employers on June 10, 2021, the Occupational Safety and Health Administration (OSHA) has announced that it is publishing the ETS in the Federal...more
Fifteen months after the COVID-19 pandemic began, the Occupational Safety and Health Administration (OSHA) has promulgated an Emergency Temporary Standard (ETS) for healthcare employers. OSHA has published voluntary guidance...more
6/11/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Training ,
Environmental Protection Agency (EPA) ,
Federal Register ,
Healthcare Workers ,
Joe Biden ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Ventilation Systems
In a surprise move today, CDC followed the lead of the various states that have lifted their masking and physical distancing recommendations. However, CDC’s new recommendations come with a twist. The CDC’s recommendations...more
On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The Guidance incorporates much of...more
2/4/2021
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Return-to-Work Agreements ,
Risk Assessment ,
Sanitation ,
Sick Employees ,
Social Distancing ,
Workplace Safety
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated...more
11/13/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Infectious Diseases ,
OSHA ,
Unions ,
Vaccinations ,
Workplace Safety
News of an outbreak of a new coronavirus first identified in Wuhan, Hubei Province, China raises issues for employers and employees about the appropriate workplace responses.
Reported cases are expanding quickly to other...more