On November 12, 2021, the Fifth Circuit Court of Appeals reaffirmed its stay pending judicial review of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary...more
Employers with 100 or more employees should continue to develop policies requiring workers either to be fully vaccinated against COVID-19 or to submit to weekly testing and other safety requirements, in the expectation that...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Reporting Requirements ,
State and Local Government ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On September 9, 2021, the Biden Administration announced its new COVID-19 Action Plan (the “Action Plan”), which outlines a six-pronged approach to combat the pandemic. The wide-ranging Action Plan lays out plans to vaccinate...more
9/14/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Private Sector ,
Subcontractors ,
Temporary Regulations ,
Tribal Governments ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On August 13, 2021, the United States Occupational Safety and Health Administration (“OSHA”) released updated guidance on mitigating and preventing the spread of COVID-19 in the workplace to reflect changes in the Centers for...more
On August 18, 2021, Governor Jay Inslee announced the reinstatement of the indoor mask mandate for all Washingtonians. The mask mandate goes into effect on Monday, August 23, 2021....more
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released the first nationwide workplace safety rule in response to the COVID-19 pandemic. OSHA’s guidance is only binding on healthcare employers....more
On May 28, 2021, the United States Equal Employment Opportunity Commission (“EEOC”) released new guidance regarding COVID-19 vaccinations in the workplace. The new guidance clarifies some significant issues, including whether...more
Two former employees of Cresco Labs have filed a collective and class action complaint in Illinois federal court, alleging that their employer failed to compensate its employees for time spent putting on and taking off...more
The workplace safety framework in the United States is difficult to navigate at its best. Since the beginning of the COVID-19 global health emergency, employers have faced increasingly complex challenges involving...more
2/25/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Public Health Emergency ,
Vaccinations ,
Waiver of Liability ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
The United States is currently experiencing the largest surge in COVID-19 cases since the global health emergency began. In the past several weeks, the United States Food and Drug Administration (“FDA”) granted emergency-use...more
12/30/2020
/ Americans with Disabilities Act (ADA) ,
Canada ,
Civil Rights Act ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Religious Accommodation ,
Title VII ,
Unions ,
Vaccinations ,
Workplace Safety
On August 3, 2020, the Federal District Court for the Southern District of New York issued a decision in State of New York v. United States Department of Labor, et al. In this case, the State of New York claimed that the...more
On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more
On June 15, 2020, the Supreme Court of the United States issued its opinion in Bostock v. Clayton County, Georgia. Bostock was consolidated with Altitude Express v. Zarda and Stephens v. R.G. & G.R. Harris Funeral Homes for...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On April 17, 2020, the Ninth Circuit Court of Appeals ruled that “after-acquired” evidence was admissible to show that an individual was not qualified under the Americans with Disabilities Act.
Sunny Anthony was employed by...more
On March 31, the United States Department of Labor (“DOL”) issued its temporary rule implementing the Families First Coronavirus Response Act (“FFCRA”), including the paid-leave benefits provided in the Emergency Paid Sick...more
The Families First Coronavirus Response Act (“FFCRA” or the “Act”), which goes into effect on April 1, 2020, provides that certain “health care providers and emergency responders” may be excluded from application of the Act’s...more