Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more
1/31/2023
/ Attendance ,
BlackRock ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Dress Codes ,
Masks ,
NLRA ,
NLRB ,
Retaliation ,
Summary Judgment ,
Title VII ,
Whole Foods
The Equal Employment Opportunity Commission (“EEOC”) has shifted its position on required employee COVID-19 testing. Employers will now have to justify the requirement before enforcing such testing on its workforce....more
The Department of Health and Human Services renewed the public health emergency (“PHE”) determination on April 12, 2022. The 90-day renewal took effect on April 16, 2022, and if not renewed again, will expire in mid-July.
...more
By now, many employers have received requests for religious accommodations from COVID-19 policies—primarily vaccination policies. The Equal Employment Opportunity Commission’s (“EEOC”) guidance thus far, as reported through...more
A recent California appellate court decision provides insight into the surprising reach of employers’ liability with respect to employee COVID-19 infections.
In See’s Candies, Inc. v. Superior Ct. of Cal., 73 Cal.App.5th...more
In the latest twist in the ongoing back and forth on workplace COVID-19 measures, the 6th Circuit Court of Appeals on Friday gave the Occupational Safety and Health Administration (“OSHA”) the go-ahead to implement and...more
A United States District Court in Kentucky granted a preliminary injunction preventing the federal contractor mandate from taking effect in three states. The federal contractor mandate requires all prime and subcontractors at...more
Fifth Circuit grants emergency temporary stay on Biden’s vaccine or test rule, implemented by OSHA’s Emergency Temporary Standards. What does this mean?...
...more
On November 4, the Occupational Safety and Health Administration issued an Emergency Temporary Standard (ETS) requiring most employers in the country to implement COVID-19 vaccine requirements or require employees to present...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Healthcare Facilities ,
Immunization Records ,
Masks ,
Medical Records ,
OSHA ,
Recordkeeping Requirements ,
Religious Accommodation ,
Vaccinations ,
Virus Testing
On Thursday, September 9, in the wake of a mandate from President Biden, the U.S. Department of Labor (“DOL”) announced that many employers will soon be required to mandate full vaccination for their employees or require that...more
Since the introduction of COVID-19 vaccinations, employers have considered whether vaccine mandates are right for their workplaces. One hurdle has been several lawsuits claiming that because the COVID vaccinations did not...more
On May 28, 2021, the EEOC updated its technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. This update follows the EEOC’s first hearing, convened to explore the...more
6/7/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
EEO ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Pregnancy ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Exemption ,
Screening Procedures ,
Vaccinations
On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new guidance announcing that fully vaccinated people generally do not need to wear a mask or physically distance in most settings, except where...more
As a result of the pandemic, countless employers have restructured or implemented reductions in force (“RIFs”). Unsurprisingly, RIFs often provoke various discharge-related lawsuits. In one such suit, Marnocha v. St. Vincent...more
The Equal Employment Opportunity Commission (the EEOC) issued Question & Answer Guidance (the Guidance) for employers implementing COVID-19 vaccination policies.
The Guidance explains that vaccination itself is not a...more
Colorado Governor Jared Polis’ March 25 “Stay-at-Home” order expired on Sunday, April 26, and the new “Safer-at-Home” order took effect on April 27 along with a new Public Health Order (PHO) from the Colorado Department of...more
In the coming weeks, some state and local governments will modify or lift stay at home orders. Businesses will reopen, and employers who implemented work-from-home policies may recall employees to the workplace. The Equal...more
On April 1, 2020, the Department of Labor (“DOL”) announced temporary regulations for Expanded Family and Medical Leave (“Expanded FMLA”) and Emergency Paid Sick Leave provided under the Families First Coronavirus Response...more
The Families First Coronavirus Response Act (“FFCRA”) requires certain employers to provide paid leave to eligible employees who are unable to work due to specific COVID-19 related reasons. Like many employment statutes, the...more