On March 15, 2022, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2022-01, marking a dramatic change in longstanding agency practice regarding contractor...more
In Pennington v. Fluor Corp., Nos. 21-1141, 21-1143, 2021 U.S. App. LEXIS 35307 (4th Cir. Nov. 30, 2021), the U.S. Court of Appeals for the Fourth Circuit recently dismissed a federal Worker Adjustment and Retraining...more
On Jan. 13, 2022, the U.S. Supreme Court permitted the Centers for Medicare & Medicaid Services (CMS) to enforce its interim final rule requiring many Medicare- and Medicaid-certified providers and suppliers to vaccinate...more
Update (Jan. 15, 2022): After the Jan. 14, 2022, publication of this alert, the Centers for Medicare & Medicaid Services issued updated guidance to State Survey Agency directors providing 30 days (by Feb. 13) for facilities...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Popular ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On Jan. 13, 2022, the U.S. Supreme Court granted an emergency request for relief regarding one of the two Biden administration COVID-19 employee vaccine mandates on appeal before the Court...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On late Friday Dec. 17, 2021 a three-judge panel from the U.S. Court of Appeals for the Sixth Circuit reinstated the Biden administration’s vaccine-or-test mandate for large employers, lifting the Fifth Circuit’s earlier stay...more
In December 2021, covered federal contractors may start seeing new or amended solicitations and contract clauses that prohibit them from inquiring into job applicants’ criminal backgrounds. The federal Fair Chance to Compete...more
On Dec. 7, 2021, the U.S. District Court for the Southern District of Georgia granted a motion for preliminary injunction in State of Georgia v. Biden, temporarily halting enforcement of President Biden’s federal contractor /...more
On Nov. 30, 2021, the U.S. District Court for the Eastern District of Kentucky granted a motion for preliminary injunction in Commonwealth of Kentucky, et al. v. Biden, et al., finding that President Biden’s broad authority...more
On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employees of large employers either to get vaccinated or to test negative on a weekly basis....more
As McGuireWoods noted in a Sept. 10, 2021 alert, in Sept. 20 and Sept. 23 FAQs, and in Sept. 27 and Oct. 18 alerts, President Biden’s “Path Out of the Pandemic” employee COVID-19 vaccination mandates have three main...more
On Oct. 25, 2021 the Equal Employment Opportunity Commission (EEOC) issued new guidance for resolving religious objections to COVID-19 workplace vaccination mandates. This guidance comes at a time when many employees are...more
As McGuireWoods noted in a Sept. 10 alert, Sept. 20 FAQs and Sept. 27, 2021 update, part of the Biden administration’s COVID-19 vaccination mandates applies only to federal contractors and subcontractors. And, even then, the...more
As McGuireWoods noted in a Sept. 10, 2021 alert and in Sept. 20, 2021 FAQs, President Biden’s “Path Out of the Pandemic” employee COVID-19 vaccination mandates have three main components — one of which applies only to certain...more
As McGuireWoods noted in a Sept. 10, 2021 alert and Sept. 20, 2021 FAQs, President Biden’s “Path Out of the Pandemic” COVID-19 action plan is big on concept but thin on details pending yet-to-be-issued regulations. There is,...more
9/24/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As McGuireWoods noted in a Sept. 10, 2021, alert, President Biden’s broad six-part strategy to combat the COVID-19 pandemic is raising many questions for employers. While employers await the much-anticipated regulations, a...more
On Sept. 9, 2021, President Biden announced a broad six-part strategy to combat COVID-19 at the federal level, including extensive new vaccination and testing requirements for large private employers, certain federal...more
On Aug. 31, 2021, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) request under the Paperwork Reduction Act for authority to require covered federal contractors...more
The North Carolina Wage and Hour Act received an update on July 8, 2021, when Gov. Roy Cooper signed Senate Bill 208 into law, including changes to N.C.G.S. §§ 95-25.7 and 95-25.13. The changes affect an employer’s...more
On Aug. 2, 2021, Office of Federal Contract Compliance Programs (OFCCP) Director Jenny Yang spoke to a live and virtual audience at the 2021 National Industry Liaison Group (NILG) Conference in Nashville, Tennessee. As part...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued new COVID-19 vaccine guidance for employers. Although the updated FAQs do not address compliance with the Centers for Disease Control and...more
As previously reported, the Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees (and state/local government employers regardless of size) to provide special paid emergency...more
On May 6, 2020, California Gov. Gavin Newsom signed Executive Order N-62-20 (EO N-62-20), which creates a rebuttable presumption, for purposes of receiving workers’ compensation benefits, that employees who test positive for...more
Nonprofits, like individuals and for-profit businesses, are facing significant hardships due to the COVID-19 pandemic. Recent legislation and administrative pronouncements include a number of targeted tax provisions and...more
On April 1, 2020, the U.S. Department of Labor (DOL) unveiled new temporary regulations for employers regarding compliance with the paid leave requirements of the new Families First Coronavirus Response Act (FFCRA)...more