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Déjà Vu for Federal Contractors with Salary History Ban?

On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more

Vax Requirement Sacked in TN: Medicare Providers Lose Exemption from COVID-19 Laws

The federal government says healthcare employers can soon stop requiring employees to get the COVID-19 vaccine. Yes — the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) is...more

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

2022, Who Were You? A Recap of Hot Issues in 2022.

As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 Edition

This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more

More COVID-19 Test Mess? EEOC Says It Has to Meet the Business Necessity Test

Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on...more

To Mandate Vax or Not, That Is the Question: Federal Contractor Vaccine Mandates Before Several Appellate Courts

Questions about COVID-19 vaccines are hard, particularly if you contract or want to contract with the federal government. The scenario is familiar: You run a business that has or seeks to contract with the federal...more

No Jab, No Tell: Tennessee Law Prohibits Action on COVID-19 Vax Status

Decisions, decisions. Can you require that your employees get a COVID-19 vaccine, and if you do, can you make the employees tell you their vaccination status? This is not an easy answer and may be more complicated given the...more

Blessed Are the Caregivers: EEOC Provides Further Guidance on People Caring for COVID-19 Sufferers

This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against...more

Mandate, We Hardly Knew You: OSHA Withdraws Large Employer Vaccine Standard

As we all know, the Supreme Court stayed the COVID-19 vaccine mandate for employers with 100 or more employees. As of today, OSHA has withdrawn that emergency temporary standard. The announcement notes that:...more

The COVID-19 Home Game: Biden Administration Requires Insurance to Cover At-Home Tests

In light of the difficulty of test scheduling and concerns about costs to consumers, the Biden administration this week announced that the Department of Health and Human Services will require private health insurance and...more

Supreme Court Leaves OSHA Vaccine/Testing Mandate with Uncertain Future

By now most people in the United States are aware that the Biden Administration wants everyone to get a COVID-19 vaccine and is using OSHA, CMS, and federal contracts to accomplish that goal. The OSHA path is an emergency...more

Decoding the CDC’s New Quarantine and Isolation Guidance for COVID-19

Despite all of our hopes and prayers for an end to the pandemic, we still have employees who are exposed to or testing positive for COVID-19, and we still need to figure out how to deal with those issues. The CDC issued new...more

What More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA

For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed...more

It’s Back (for Now Anyway): Sixth Circuit Dissolves Stay of OSHA ETS on Vaccines

In the ever-changing vaccine mandate legal tennis match, the Sixth Circuit on Friday entered an opinion lifting the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard on COVID-19 vaccines and testing. Companies with...more

Staying Current on the Stays, Updates on Federal Vaccine Mandates, and the Alabama Vaccine Exemption Law

As we are sure you have heard, many people are not all that psyched about the federal government mandating that employees get vaccinated. Just to keep everyone on the same page in these ever-changing times, here is a quick...more

OSHA Suspends ETS Enforcement in Wake of Fifth Circuit’s Latest Jab at Vaccine Rule, But Future Remains Uncertain

The saga of the Occupational Safety and Health Administration’s (OSHA) newly announced COVID-19 Emergency Temporary Standard (ETS) continues. As you know, the ETS requires employers with 100 or more employees to mandate...more

Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond

As most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100...more

Potential New Tennessee Law Prohibits Many Businesses from Requiring Proof of COVID-19 Vaccine, Requires Government Contractors to...

Things just got more complicated in Tennessee for private employers wrestling with COVID-19 vaccines. On October 30, the Tennessee Legislature passed an omnibus COVID-19 bill that does not entirely line up with the current or...more

US Regional Employment 2021: Alabama | Insights & Events

Law and Practice Chambers - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more

When Do We Have to Require the Shot? Status of the OSHA Vaccine Mandate

As we reported here, President Biden issued his “Path out of the Pandemic” memorandum on September 9, 2021. Part of that memorandum directed the Occupational Safety and Health Administration (OSHA) to develop a rule to...more

Another Type of COVID Long Haul—Future Discrimination Suits?

We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more

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