Following the official ending of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (“EEOC”) released a number of key updates to its COVID-19 technical assistance document, “What you Should...more
In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
12/22/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, November 16, the Occupational Safety and Health Administration (OSHA) announced that it is suspending all implementation and enforcement efforts related to the emergency temporary standard (ETS) on mandatory...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Employees ,
Public Health Emergency ,
Public Schools ,
Public Sector ,
Regulatory Agenda ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Thursday, the U.S. Occupational Health and Safety Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring employers with 100 or more employees to mandate vaccinations or weekly testing...more
11/8/2021
/ 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
In week twelve, the Biden administration’s labor and employment activity includes selecting a chief to lead the Occupational Safety and Health Administration (OSHA), increased staffing at the Equal Employment Opportunity...more
4/13/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Labor Law Violations ,
Labor Reform ,
OSHA ,
Wage and Hour
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
In week nine, the Biden administration’s labor and employment...more
3/23/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Workplace Safety
OSHA has launched a national emphasis program to protect high-risk workers from COVID-19 hazards. The program also prioritizes for OSHA inspection employers that retaliate against workers who complain about unsafe conditions....more
In week eight, the Administration’s labor and employment activity includes the passage of the $1.9 trillion COVID-19 relief bill, the House’s passage of the PRO Act labor law reform bill, and the upcoming Senate confirmation...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unions ,
Wage and Hour
The U.S. Occupational Safety and Health Administration (OSHA) has issued enhanced COVID-19 safety guidance to help employers and their employees implement a COVID-19 prevention program and better identify risks which could...more
In week two, the Biden administration shook things up at the National Labor Relations Board with the firing and replacement of General Counsel Peter Robb, walked back President Trump’s pro-independent contractor agenda at the...more
2/1/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NLRB General Counsel ,
OSHA ,
Race Discrimination ,
Tip-Pooling
During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground...more
1/22/2021
/ Administrative Appointments ,
Bias ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Regulatory Reform ,
Workplace Safety
On his second day in the Oval Office, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Occupational Health and Safety Administration (OSHA) to intensify its efforts to protect...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division was hard at work in the closing days of 2020, endorsing the use of electronic posting of required notices and telemedicine visits under the Family and Medical Leave...more
Last week, Congress reached a deal on a second pandemic relief package which includes the enactment of the Economic Aid to Hard-Hit Small Business, Nonprofits, and Venues Act (Act), which has now been signed by President...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) expanded on its COVID-19 Q&A guidance to address the interplay of vaccines with employment discrimination laws. While the agency confirms that...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
At the outset of the pandemic, many employers were unsure of how OSHA would conduct inspections and issue citations regarding COVID-19 related issues. Early guidance from OSHA indicated that regulatory standards could be...more
12/10/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
General Duty Clause ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Regulatory Standards ,
Workplace Safety
As if employers aren’t already tested managing the challenges of the pandemic, on September 30, OSHA updated its COVID-19 Frequently Asked Questions to remind employers about their duty to report and record COVID-19 related...more
10/6/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Sick Employees ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
The U.S. Equal Employment Opportunity Commission (EEOC”) has updated its technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” to include additional...more
9/25/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Workplace Safety
Earlier yesterday, the U.S. District Court for the Southern District of New York struck down four key provisions of the U.S. Department of Labor’s (“DOL”) regulation implementing the paid leave provisions of the Families...more
On July 16, 2020, the U.S. Department of Labor released an updated suite of FMLA forms for employers. According to the Department, the forms are designed to be simpler and easier to understand and complete, substituting check...more
The Occupational Safety and Health Administration (OSHA) recently developed a COVID-19 Frequently Asked Questions (FAQs) document to provide a central location for commonly asked questions concerning steps employers can take...more
On July 2, 2020, the City of Chicago issued Public Health Order 2020-10, which requires persons entering the City of Chicago from certain states to self-quarantine for a period of 14 days. Additional details are included in a...more
7/7/2020
/ City of Chicago ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Essential Workers ,
Exceptions ,
Families First Coronavirus Response Act (FFCRA) ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Local Ordinance ,
Operators of Essential Services ,
Quarantine ,
Traveling Employee
In Field Assistance Bulletin No. 2020-4, issued June 26, 2020, the United States Department of Labor, Wage and Hour Division, recognized a number of ways an employee can establish eligibility for Family First Coronavirus...more
7/1/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Field Assistance Bulletins ,
Paid Leave ,
School Closures ,
Sick Leave ,
Summer Camps
As all four regions of the State of Illinois work toward entering Phase 4 of the Restore Illinois Plan on June 26, 2020, Illinois Governor JB Pritzker released new guidelines to help businesses and other activities safely...more