On March 22, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) partially reopened the comment period to allow for additional public comment on specific topics covered by its proposed...more
3/24/2022
/ Comment Period ,
Coronavirus/COVID-19 ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Public Comment ,
Public Hearing ,
Rulemaking Process ,
Workplace Safety
On January 13, 2022, the United States Supreme Court issued its highly anticipated decision blocking the Biden administration from enforcing an Occupational Safety and Health Administration (“OSHA”) rule mandating...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Several updates related to COVID-19 vaccination mandates occurred this week at the federal and local levels. On December 17, the 6th U.S. Circuit Court of Appeals lifted the stay on the federal government’s mandate that...more
12/22/2021
/ Compliance Dates ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Mayor de Blasio ,
Order to Lift Stay ,
OSHA ,
Reasonable Accommodation ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration of the U.S. Department of Labor (“OSHA”), issued its long-awaited Emergency Temporary Standard (“ETS”), applicable to employers with at least 100...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Infectious Diseases ,
Masks ,
Preemption ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Reporting Requirements ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Some people continue experiencing COVID-19 symptoms for weeks or months after first developing COVID-19. The Centers for Disease Control and Prevention have defined “long COVID” as “new or ongoing symptoms that can last weeks...more
In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human...more
10/28/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
New Guidance ,
OCR ,
PHI ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
On Tuesday October 12, 2021, two New York federal judges issued rulings related to the enforcement of vaccine mandates in New York.
Judge David Hurd of the U.S. District Court for the Northern District of New York ruled...more
10/14/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Public Schools ,
Religious Exemption ,
Teachers ,
Vaccinations ,
Workplace Safety
On Thursday, September 9, 2021, President Joe Biden announced new COVID-19 vaccine mandates requiring all employers with 100+ employees to ensure their workers are vaccinated or tested weekly.
In addition, the vaccine...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Response ,
Employer Mandates ,
Federal Contractors ,
Healthcare Facilities ,
Infectious Diseases ,
OSHA ,
Rulemaking Process ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers...more
6/16/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Popular ,
Recordkeeping Requirements ,
Reporting Requirements ,
Safety Precautions ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
On May 5, 2021, Governor Cuomo signed into law the Health and Essential Rights Act (HERO Act), which imposes on all non-public employers significant health and safety standards intended to address the spread of airborne...more
The CDC has recently recommended that employers appoint “vaccination ambassadors” to encourage employees to get vaccinated. The EEOC has not commented on the CDC’s recommendation, but based on other pandemic-related guidance...more
On March 12, 2021, Governor Andrew Cuomo signed into law an act requiring all New York employers, regardless of size or industry, to provide employees with paid COVID-19 vaccination leave of up to four hours per injection,...more
On January 29, 2021, OSHA posted new guidance intended to inform employers and workers in identifying risks of exposure to COVID-19. The new guidance applies to industries outside of healthcare....more
The Families First Coronavirus Response Act (“FFCRA”) became law on March 18, 2020 in response to the COVID-19 pandemic. As we previously blogged on several (okay, numerous) occasions, the FFCRA comprises the Emergency Paid...more
We have seen a significant number of OSHA investigations in recent weeks in response to reports of employee deaths and illnesses due to COVID-19. In the height of the pandemic, employers, including nursing homes, were...more
The Equal Employment Opportunity Commission (“EEOC”) has issued new guidance stating that employers cannot require employees to undergo antibody or serology testing to determine whether employees were previously infected with...more
The wait is over. Since the announcement that certain Connecticut businesses would be permitted to reopen beginning May 20, 2020, most have waited with bated breath to understand what that process would and should look like....more
On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws. The easy to read Q&A format is necessary reading for...more
For the last several weeks, the Department of Labor has periodically updated its Families First Coronavirus Response Act: (FFCRA) “Questions and Answers” page by illustrating real-world applications of the FFCRA. ...more
Effective April 20, 2020 at 8:00 p.m., employees in the workplace are required to wear a face mask or cloth face covering. Governor Lamont issued this directive as part of Executive Order No. 7BB, which also requires...more
On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws. The easy to read Q&A format is necessary reading for...more
Governor Cuomo’s most recent executive order requires employees “present in the workplace” to wear “face coverings” when in “direct contact with customers or members of the public.” The order further requires that employers...more
The Connecticut Commission on Human Rights and Opportunities (CHRO) recently extended the deadline for employers to conduct mandatory sexual harassment training by 90 days. The extension applies to employees hired after the...more
On Tuesday, April 7, 2020, Governor Lamont issued Executive Order 7V, ordering Connecticut employers to take “additional protective measures to reduce the risk” of COVID-19 transmission. The Department of Economic and...more
The Families First Coronavirus Relief Act’s (“FFCRA”) swift enactment left employers scrambling to interpret its provisions. Fortunately, the Department of Labor has issued temporary regulations that resolve many common...more