Can employers mandate vaccines? The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks.
On July 26, 2021, the OLC issued an...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
Public schools and universities are barred from requiring vaccines that have not received full U.S. Food and Drug Administration (FDA) approval under Ohio House Bill 244 (HB 244), signed by Governor Mike DeWine on July 14,...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
The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Child Care ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Incentives ,
Paid Time Off (PTO) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Return-to-Work Agreements ,
State and Local Government ,
State Labor Laws ,
Traveling Employee ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more
6/2/2021
/ Adverse Employment Action ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
IRS ,
Medical Examinations ,
New Guidance ,
Vaccinations ,
Voluntary Participation ,
Wellness Programs
In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Confidential Information ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Title VII ,
Vaccinations
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
Last week, President Biden encouraged employers to pay employees for time off to get vaccinated against COVID-19 and highlighted the tax credits available for employers with less than 500 employees. The American Rescue Plan...more
Although Ohio has not yet attained its goal of reducing COVID-19 cases to 50 cases per 100,000 people over a two-week period, the Director of the Ohio Department of Health has rescinded many of the prior orders designed to...more
The Biden administration has called for all people at least 18 to be eligible for the COVID-19 vaccine by April 19, 2021. Most states have already done so.
A BenefitsPro article cites a 2017 survey from the Society for...more
4/14/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Data Privacy ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Incentives ,
Labor Relations ,
Liability ,
Local Health Departments (LHDs) ,
National Institute of Health (NIH) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reporting Requirements ,
Vaccinations
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Plan”). The Plan is the most recent stimulus bill enacted to address the COVID-19 pandemic and it comes almost one year to the date the...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Joe Biden ,
Paid Family Leave Law ,
Paid Leave ,
Paid Sick Leave ,
Popular ,
Quarantine ,
Tax Credits ,
Vaccinations
One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more
3/5/2021
/ Coronavirus/COVID-19 ,
Dismissals ,
Diversity Jurisdiction ,
Employer Liability Issues ,
Employment Litigation ,
Immunity ,
Infectious Diseases ,
Negligence ,
Occupational Exposure ,
Workers' Compensation Claim ,
Workplace Safety
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 employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
1/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
New Guidance ,
Virus Testing ,
Workplace Safety
By now, employers likely have heard the news that the Centers for Disease Control and Prevention (CDC) has reduced the length of time that individuals should quarantine after an exposure to COVID-19. The old adage “Don’t...more
12/8/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Quarantine ,
Sick Employees ,
Social Distancing ,
Virus Testing ,
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
The election won’t cure COVID-19. But it may impact how employers handle and respond to the realities of the new workplace. As businesses around the world reopen and reset, employers face a complicated and unprecedented...more
11/3/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Masks ,
Policies and Procedures ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Sick Employees ,
Sick Leave ,
Vaccinations ,
Workplace Safety
Just when you thought you had your contact tracing protocol down for dealing with COVID-19 exposures, CDC guidance has changed again.
The CDC has now expanded the definition of close contact to be “Someone who was within...more
Ohio Governor Mike DeWine has signed a bill granting civil immunity from certain COVID-19-related civil actions for healthcare providers, businesses, schools, individuals, and other entities.
Under House Bill 606,...more
The Department of Labor has issued revisions and clarifications to its FFCRA Temporary Rule in response to the New York federal court’s decision vacating some of the provisions of the earlier version of the Rule...more
Last month a New York federal court left health care providers in a lurch, when it vacated the Department of Labor’s definition of who could be exempted as a health care provider from the FFCRA leave obligations. Thankfully,...more
The federal district court in New York struck down four provisions in the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA) regulations on August 3, 2020, four months after the regulations went into...more
You can hear the parents wailing across the country (almost like kindergartners on their first day of school), as states begin to announce their plans to keep physical schools closed or alternate between in-school and virtual...more