In 2022, health and safety agencies' focus continued to shift away from the near-constant COVID-related discussions of the past few years. COVID-19 is not in the rearview mirror, but the Biden Administration's comprehensive...more
1/10/2023
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Enforcement Actions ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Regulatory Agenda ,
Regulatory Oversight ,
SCOTUS ,
Severe Violators Enforcement Program (SVEP) ,
Workplace Safety ,
Workplace Violence
As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Multidistrict Litigation ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
On November 23, 2021, Kansas Governor Laura Kelly signed House Bill 2001, following a special session called by the Kansas legislature. This new law presents potential conflicts with federal vaccine requirements for federal...more
11/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
Federal v State Law Application ,
Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
OSHA ,
Preemption ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
As directed by President Biden in September, the Centers for Medicare & Medicaid Services (CMS) issued its interim final rule on November 4, 2021 mandating COVID-19 vaccines for a broad group of health care workers....more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
New Guidance ,
Public Health ,
Workplace Safety
On September 9, 2021, President Biden announced major actions intended to combat the spread of the COVID-19 pandemic called the Path Out of the Pandemic that will have a significant impact on employers across the country. ...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Vaccinations ,
Workplace Safety
At long last, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), after the Office of Management and Budget concluded stakeholder meetings on Wednesday, June 9. ...more
6/15/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health ,
Workplace Safety
As discussed in "New Coronavirus Relief Legislation Impacts Employers in Two Key Areas" the Families First Coronavirus Response Act (FFCRA) paid leave mandates expired January 1, 2021 and there is presently no requirement...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 ,
New Legislation ,
Paid Time Off (PTO) ,
Popular ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits
Several of the first actions signed by President Biden following his inauguration were directly aimed at worker safety. ...more
As mandated in President Biden's Executive Order on Protecting Worker Health and Safety, on January 29, OSHA issued a new guidance document, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in...more
2/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Remote Working ,
Telecommuting ,
Vaccinations ,
Workplace Safety
Late in the day on December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2020, which contains the latest in coronavirus relief measures. The massive 5,593-page legislation covers a wide variety of...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) provided guidance to employers considering mandating or encouraging their employees to be vaccinated for COVID-19. The EEOC promulgated the...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) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On June 4, 2020, the Kansas Legislature passed the COVID-19 Response and Reopening for Business Liability Protection Act. It now goes to Governor Laura Kelly for signature....more
6/10/2020
/ Best Practices ,
Civil Liability ,
Coronavirus/COVID-19 ,
Damages ,
Fines ,
Goods or Services ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Legislative Agendas ,
Manufacturers ,
Penalties ,
Policies and Procedures ,
Public Health Emergency ,
Workplace Safety
Workers' compensation normally provides the exclusive remedy for employee injuries and occupational diseases that arise in the course and scope of employment. When an employee gets hurt at work, the employer doesn't have to...more
As the curve of COVID-19 infections begin to level off, employees recover from infections, and as government shelter-in-place and similar orders begin to expire, businesses are confronted with the complexities of returning...more
5/4/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Labor Relations ,
OSHA ,
Personal Protective Equipment ,
Popular ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
On April 1, 2020 the U.S. Department of Labor (DOL) issued a temporary rule promulgating regulations on the Families First Coronavirus Response Act (FFCRA), which created two new emergency paid leave requirements in response...more
4/7/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration