On January 13, 2022, the Supreme Court issued two decisions regarding requests to enjoin rules issued by federal agencies intended to increase vaccination rates....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 ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
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 December 7, 2021, a federal court in Georgia issued a nationwide preliminary injunction against the enforcement of Executive Order 14042 and its vaccine mandate for federal contractors and subcontractors. ...more
On November 10, 2021, the National Labor Relations Board’s General Counsel published OM 22-03 regarding the duty to bargain over issues related to the Occupational Safety and Health Administration’s (“OSHA”) Emergency...more
11/17/2021
/ Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Stays ,
Unions ,
Vaccinations ,
Virus Testing
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
On September 24, 2021, the Safer Federal Workforce Task Force issued guidance (“Guidance”) to federal contractors and subcontractors regarding required Covid-19 protocols. ...more
9/30/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Masks ,
Public Health Emergency ,
Regulatory Requirements ,
Social Distancing ,
Vaccinations ,
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
The Michigan Department of Health and Human Services (“MDHHS”) Emergency Orders are rescinded and the Michigan Occupational Safety and Health Administration’s (“MIOSHA”) Emergency Rules are superseded. For the general public,...more
The Occupational Safety and Health Administration (“OSHA”) published its long-awaited Emergency Temporary Standard (“ETS”) and accompanying guidance, “Protecting Workers,” on June 10, 2021. ...more
6/14/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Public Health ,
Vaccinations ,
Workplace Safety
Employers are no longer required to record employee adverse reactions to COVID-19 vaccines in OSHA 300 Logs. Guidance issued by the Occupational Safety and Health Administration (“OSHA”) on April 20, 2021 required employers...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance explaining how employers can encourage employees to receive COVID-19 vaccinations without violating equal employment opportunity laws....more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Occupational Safety and Health Administration (“OSHA”) has issued guidance on when an employer must record an employee’s adverse COVID-19 vaccine reaction in its OSHA 300 Log....more
President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law on March 11, 2021. Provided here is an overview of the key features that affect employers....more
4/20/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Health and Welfare Plans ,
Health Insurance ,
Infectious Diseases ,
New Legislation ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
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
The Equal Employment Opportunity Commission (“EEOC”) guidance has confirmed employers may require a COVID-19 vaccination as a condition of employment and/or to return to the workplace. ...more
4/8/2021
/ American Rescue Plan Act of 2021 ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Centers for Disease Control and Prevention (“CDC”) released its first guidance for fully vaccinated individuals on March 8, 2021. This new guidance may tempt employers to begin relaxing workplace safeguards and...more
Vaccines have arrived, prompting hope that the COVID-19 pandemic can be effectively and nationally controlled in the near future. ...more