A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), Hrdlicka v. General Motors (March 23, 2023), confirmed that an employee must sufficiently alert their employer of the need for a reasonable...more
As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National...more
A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), King v. Steward Trumbull Memorial Hospital (4/7/2022), addressed whether an employer failed to accommodate its employee’s potentially...more
6/14/2022
/ Adverse Employment Action ,
Collective Bargaining Agreements (CBA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Failure to Accommodate ,
Healthcare Workers ,
Hiring & Firing ,
Leave of Absence ,
Reasonable Accommodation ,
Unpaid Leave
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or...more
1/27/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that previously barred the Occupational Safety and Health Administration (“OSHA”) from enforcing its Emergency Temporary Standard (“ETS”),...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 6, 2021, the Fifth Circuit Court of Appeals temporarily stayed the vaccinate-or-test Emergency Temporary Standard (“ETS”), published by the Occupational Safety and Health Administration (“OSHA”). ...more
11/16/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published its vaccinate-or-test Emergency Temporary Standard (“ETS”), requiring employers with 100 or more employees to implement COVID-19...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
New Rules ,
OSHA ,
Public Health Emergency ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Occupational Safety and Health Administration (“OSHA”) released its much-anticipated Emergency Temporary Standard (“ETS”), requiring “large” employers to implement COVID-19 vaccine mandates or otherwise subject...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next? Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’...more
9/29/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next? Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’...more
On September 9, 2021, President Biden announced his new comprehensive national strategy to combat COVID-19. The action plan, entitled “Path Out of the Pandemic,” intends to further a “whole-of-government” approach by using...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
The Equal Employment Opportunity Commission has released and updated guidance over the past several months, confirming that employers are generally permitted to require the COVID-19 vaccine so long as reasonable...more
8/10/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
As we reported last week, the Michigan Occupational Safety and Health Administration (“MIOSHA”) updated its Emergency Rules to mirror the safety requirements disseminated by the federal Occupational Safety and Health...more
6/29/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Emergency Response ,
Employer Liability Issues ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Workplace Safety
The Centers for Disease Control and Prevention (“CDC”) released the Interim Public Health Recommendations for Fully Vaccinated People late last week, which provides: “[F]ully vaccinated people can resume activities [in indoor...more
5/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
Pursuant to a certification by Governor Whitmer, the Michigan Occupation Safety and Health Administration (“MIOSHA”) extended the COVID-19 Emergency Rules until October 14, 2021. These Emergency Rules were previously set to...more
We reported earlier this year that Michigan employers were permitted to reduce the requisite quarantine period from 14 days to 10 days for employees who experienced close contact with confirmed cases of COVID-19 based upon...more
4/9/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Occupational Exposure ,
Public Health ,
Quarantine ,
Sick Employees ,
State and Local Government ,
Traveling Employee ,
Workplace Safety
Vaccines have arrived, prompting hope that the COVID-19 pandemic can be effectively and nationally controlled in the near future. ...more
On January 21, 2021, President Biden signed the Executive Order on Protecting Worker Health and Safety, directing the Secretary of Labor, acting through the Occupational Safety and Health Administration (“OSHA”), to issue...more
In Eberline, cosmetology students of the Douglas J Institute were afforded “a true salon setting” in which to undergo their training, including the opportunity to provide supervised cosmetology services individually and in...more