HELPFUL HINTS -
The Federal No Surprises Act The Federal No Surprises Act (the “Act”) became fully effective on January 1, 2022. The Act protects enrollees in group and individual market plans (including ERISA plans) and...more
1/25/2022
/ Advisory Opinions ,
Anti-Kickback Statute ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare ,
Healthcare Fraud ,
Healthcare Reform ,
Healthcare Workers ,
Infectious Diseases ,
Mental Health ,
National Federation of Independent Business v Department of Labor and OSHA ,
New Legislation ,
OIG ,
OSHA ,
Surprise Medical Bills ,
Vaccinations
WHAT MATTERS -
After more than two months of litigation, the Supreme Court stayed OSHA’s November 5, 2021 Emergency Temporary Standard requiring COVID-19 vaccination or weekly testing for employers with more than 100...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Can COVID-19 be Considered a Disability?
The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more
On December 17, 2021, a 2-1 ruling from a three-judge panel of the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s COVID-19 vaccination and testing Emergency Temporary...more
12/22/2021
/ 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
Resources -
South Carolina Business License Reforms Go Into Effect January 1, 2022 -
South Carolina businesses have historically been subject to business license taxes on their gross income that vary widely from...more
12/16/2021
/ Biden Administration ,
Business Licenses ,
Contract Management ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
Infectious Diseases ,
Minimum Wage ,
Online Contracts ,
Tax Liability ,
Tax Reform ,
Tipped Employees ,
Tips ,
Travel Ban ,
Vaccinations ,
Wage and Hour
Resources -
Safer Federal Workforce Task Force Updates Guidance for Federal Contractors -
On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Marijuana ,
Model Contract Clauses ,
OSHA ,
Public Health Emergency ,
Regulatory Requirements ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
On November 5, 2021, Alabama Governor Kay Ivey signed into law a bill governing COVID-19 vaccine exemption requests. The law is intended to provide safeguards to employees who refuse an employer-required COVID-19 vaccine, as...more
On November 5, 2021, OSHA will publish a new Emergency Temporary Standard (“ETS”) setting forth employee COVID-19 vaccination and testing requirements for employers with 100 or more employees. ...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 November 1, 2021, the Safer Federal Workforce Task Force issued additional guidance for federal contractors with respect to vaccine mandates and other COVID-19 safety protocols. The new guidance is available on the Safer...more
11/3/2021
/ Affiliates ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Subcontractors ,
Vaccinations ,
Workplace Safety
Resources -
What We Do And Don’t Know About The New COVID-19 Vaccination Mandates -
Since President Biden’s announcement on September 9, 2021 of plans for COVID-19 vaccination and/or weekly testing mandates, we have...more
11/1/2021
/ Business Licenses ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Enforcement Actions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Gamification ,
Infectious Diseases ,
Regulation Best Interest ,
Safety Standards ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Vaccinations ,
Workplace Safety
On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC” issued new guidance regarding religious objections to workplace COVID-19 vaccination requirements. The new guidance is included in the EEOC’s larger...more
10/26/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Resources -
FAR Council Issues Ensuring Adequate COVID-19 Safety Protocols For Federal Contractors Clause The Federal Acquisition Regulatory (“FAR”) Council has published a new clause (“COVID Clause”), and has asked...more
Resources -
COVID-19 Vaccine Guidance for Federal Contractors -
On September 24, 2021, the Safer Federal Workforce Task Force released guidance detailing COVID-19 vaccination and other pandemic-related workplace...more
10/8/2021
/ Biden Administration ,
Construction Project ,
Construction Workers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Foreign Workers ,
I-94 Cards ,
Infectious Diseases ,
Real Estate Development ,
Safety Programs ,
Vaccinations ,
Workplace Safety
On September 27, 2021 Burr & Forman published COVID-19 Vaccine Guidance for Federal Contractors, noting that the Federal Acquisition Regulations Council was to develop a mandatory Federal Acquisition Regulation (“FAR”) clause...more
10/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Model Contract Clauses ,
Public Health Emergency ,
Regulatory Requirements ,
Safety Programs ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 24, 2021, the Safer Federal Workforce Task Force released guidance detailing COVID-19 vaccination and other pandemic-related workplace safety requirements for federal contractors in accordance with the Executive...more
9/27/2021
/ 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 ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced a new six-pronged strategy to contain the spread of COVID-19. Most notable are plans for COVID-19 vaccination and/or weekly testing mandates that will affect employers and...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 ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced a new six-pronged strategy to contain the spread of COVID-19. Most notable are plans for broad COVID-19 vaccination and/or testing mandates that could apply to as many as 100...more
9/10/2021
/ 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 ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
SBA Issues New PPP Rules for Owner-Employees and Related Party Rents -
The Small Business Administration ("SBA") recently issued a new interim final rule clarifying whether paycheck protection program ("PPP") loan proceeds...more
9/25/2020
/ Business Closures ,
CARES Act ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Family and Medical Leave Act (FMLA) ,
Financial Industry Regulatory Authority (FINRA) ,
Government Lockdown ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Rent ,
Return-to-Work Agreements ,
SBA ,
SBA Lending Programs ,
Small Business
Navigating the Minefield of Legal Challenges as Employees Return to Work -
Employers face a host of potential legal pitfalls as businesses that were closed in response to the COVID-19 pandemic reopen and new virus hotspots...more
Recalling Furloughed or Laid-Off Workers -
Given phased reopening recommendations, social distancing requirements, and employees working remotely, employers may have to choose which employees to return to work first....more
8/4/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Furloughs ,
Layoffs ,
Screening Procedures ,
Wage and Hour ,
Workplace Safety
The Equal Employment Opportunity Commission (“EEOC”) has periodically updated its Technical Assistance Publication to provide employers with federal employment law guidance during the coronavirus (“COVID-19”) outbreak. As...more
As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more
3/5/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Business Continuity Plans ,
China ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Crisis Management ,
Disability Discrimination ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Leave of Absence ,
Medical Leave ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Sick Leave ,
Workplace Safety