Challenges to OSHA’s November 4, 2021 Emergency Temporary Standard mandating vaccines or weekly COVID-19 testing for large employers will be consolidated and heard in the 6th Circuit Court of Appeals. Although Petitions for...more
In the matter of MML Investors Services, LLC, an employee “ran rampant on his personal social media,” but the company is the one taking the rap for failure to supervise its employee.
The company’s employees, as registered...more
On September 24, 2021, the White House’s Safer Federal Workforce Task Force released Guidance on President Biden’s September 9, 2021, Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors. The...more
In Maner v. Dignity Health, No. 18-17159, 2021 U.S. App. LEXIS 24923, at *1 (9th Cir. Aug. 20, 2021), the Ninth Circuit joined the Second, Fourth, Fifth, Seventh, Eighth, Tenth, and Eleventh Circuits in rejecting “paramour...more
Employees with long-term COVID-19 symptoms may be protected under the Americans with Disabilities Act (“ADA”) if their condition substantially limits one or more major life activities. President Biden announced guidance on...more
Every few years, the Equal Employment Opportunity Commission (“EEOC”) announces its “strategic enforcement plan,” providing employers a roadmap of areas where they can expect increased scrutiny from the agency. The EEOC’s...more
On June 12, 2021, a federal judge ruled for the first time that an employer (a hospital) can mandate vaccines and terminate employees who do not get vaccinated absent an approved accommodation. A Texas judge dismissed Bridges...more
On June 10, 2021, OSHA released the long-awaited COVID-19 Emergency Temporary Standard (ETS) for workplace safety during the COVID-19 pandemic. The ETS requirements are limited to workers in the healthcare industry, and the...more
6/11/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Training ,
Health and Safety ,
Healthcare Workers ,
Masks ,
OSHA ,
Sanitation ,
Secretary of Labor ,
Social Distancing ,
Vaccinations ,
Ventilation Systems ,
Workplace Safety
A recent 4th Circuit ruling reminds us that sex discrimination claims are not precluded by a single-sex workforce.
The 4th Circuit vacated summary judgment for the employer on an employee’s same-sex sexual harassment...more
The Department of Labor (DOL) has delayed the effective date for its Tip Regulations Under the Fair Labor Standards Act (the “Final tip rule”) until April 30, 2021, so it can have additional time for “review” before certain...more
A recent 10th Circuit decision exemplifies the types of inquiries an employer may make under the Americans with Disabilities Act (ADA) – ones which are “job-related and consistent with business necessity.” The ADA otherwise...more
New information from U.S. Department of Labor officials indicates that OSHA’s COVID-19 Emergency Temporary Standard (ETS) is delayed, but still on the table and under review. Pursuant to President Biden’s Executive Order, if...more
On March 12, 2021, the Occupational Safety and Health Administration (OSHA) rolled out a National Emphasis Program (NEP) to address the ongoing COVID-19 pandemic. NEPs are tools utilized by the Agency, on a temporary basis,...more
3/16/2021
/ Agricultural Sector ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Food Manufacturers ,
General Duty Clause ,
Health and Safety ,
Industrial Sector ,
Infectious Diseases ,
Joe Biden ,
NAICS ,
NEP ,
Occupational Exposure ,
OSHA ,
Restaurant Industry ,
Retailers ,
Workplace Safety
The U.S. Department of Labor announced a new effective date for the independent contractor classification test under the FLSA. The Final Rule, originally set for March 8, 2021, will now go into effect on May 7, 2021...more
Classifying “gig” workers as independent contractors, rather than employees, continues to be a risky business. While things were looking like they were heading in a different direction for a while (e.g. in 2017 and 2020),...more
The Families First Coronavirus Response Act (FFCRA) required employers to provide paid sick leave and expanded family and medical leave for reasons related to COVID-19. That mandate expired on December 31, 2020. The mandated...more
OSHA has issued updated COVID-19 guidance in response to President Biden’s recent Executive Order...
...more
A White House Memorandum effecting a freeze on non-emergency rules and regulations pending review by the new administration includes a halt to the independent contractor classification changes set to go into effect March 8,...more
On January 15, 2021, the Department of Labor (DOL) issued Opinion Letter FLSA2021-4 concerning changes to tip pooling when the pool includes both tipped and non-tipped employees. The Opinion Letter focuses its analysis on...more
The U.S. Department of Labor issued Opinion Letter FLSA2020-19, providing helpful guidance for employers dealing with the potential “new normal” of employees working from home, both now and post-pandemic. In so doing, they...more
President Biden is off to a fast start when it comes to occupational safety and health. In addition to appointing an acting head of OSHA, the president has issued an executive order addressing COVID-19 in the...more
As one of its first initiatives for the new year, the U.S. Department of Labor (DOL) published a Final Rule on January 7, 2021 to clarify whether a worker is an employee or an independent contractor under the Fair Labor...more
As the U.S. rolls out the COVID-19 vaccine, the interplay between safety and ADA employee accommodations is on employers’ minds. How will employers deal with accommodations? ADA claims involving safety precautions may offer a...more
12/16/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Effective immediately, Cal/OSHA’s emergency temporary standards (adopted November 30, 2020) require nearly all California employers to implement a COVID-19 Prevention Program or ensure its elements are included in an existing...more
Effective Friday, November 20, 2020, new COVID-19 requirements go into effect in Colorado. On November 17, 2020, Colorado issued new COVID-19 requirements for businesses and activities in the First Amended Public Health...more
11/23/2020
/ Centers for Disease Control and Prevention (CDC) ,
Colorado ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Masks ,
Public Gatherings ,
Public Health ,
Remote Working ,
Sanitation ,
Social Distancing ,
Ventilation Systems