Every employer who employs at least 100 employees is anxiously awaiting the decision from the United States Supreme Court on OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS). One thing that cannot be avoided...more
Developments immediately before the holiday break have many employers scrambling as the OSHA ETS has seemingly come back to life. The Sixth Circuit, in a 2-1 decision by a 3-member panel, dissolved the temporary stay...more
On December 8, 2021, the Texas Workforce Commission (“TWC”) sent a letter to all employers in the state of Texas setting forth its position on Executive Order GA-40.
Specifically, as we informed you on December 1, 2021,...more
On December 7, 2021, the federal district court for the Southern District of Georgia (the Court) issued a preliminary injunction preventing the government from enforcing the vaccine mandate for federal contractors and...more
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
If your company does business with the federal government or subcontractors of the federal government, you may have to require that your employees become fully vaccinated against COVID-19 by December 8, 2021.
On...more
9/28/2021
/ Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Health Care Providers ,
Joe Biden ,
Medicaid Reimbursements ,
Medicare ,
OSHA ,
Procurement Guidelines ,
Service Contract Act ,
Vaccinations
A federal court for the Central District of California in Haitayan v. 7-Eleven, Inc. has ruled in favor of franchisor 7-Eleven and against four franchise owners who claimed they were employees under California law rather than...more
Mandatory Vaccination Policies are on the Rise -
On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. In the days that followed (and encouraged by President...more
8/31/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Title VII ,
Vaccinations ,
Workplace Safety
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Indemnification Clauses ,
LMRA ,
Masks ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On March 8, 2021, the CDC issued its first set of guidance/recommendations for fully vaccinated individuals in non-healthcare settings.
Under this guidance, the CDC defines “fully vaccinated” as two weeks after the...more
As we have previously discussed, last spring’s Families First Coronavirus Response Act (FFCRA) was designed to provide temporary paid leave benefits due to COVID-19 for employees of U.S. employers with fewer than 500...more
Following up on its release of a proposed rule issued in September 2020, the DOL finalized new regulations on classifying independent contractors that it suggests will provide clarity for employers. On January 6, 2021, the...more
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Guidance on COVID-19 (COVID) in the form of additional FAQs. The EEOC has now answered the questions on many employer’s minds - whether...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
OSHA ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Vaccinations
Effective November 30, 2020, Cal/OSHA approved new regulations impacting employers’ obligations to prevent workplace exposure to COVID-19 and stop outbreaks. The rules apply to all employers regardless of size unless there...more
12/4/2020
/ Cal-OSHA ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
High Risk Covid Employees ,
Masks ,
NAICS ,
New Regulations ,
Occupational Exposure ,
Personal Protective Equipment ,
Social Distancing ,
State Labor Laws ,
Virus Testing ,
Workplace Safety
At this point, employers and employees alike have adjusted to the new working environment that is COVID-19. With the number of positive cases recently on the rise, employers are growing more concerned about exposure to...more
On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (the “Executive Order”). The Executive Order applies to federal contractors and subcontractors, as well as organizations...more
Ensuring the proper classification of workers is a concern for many employers. Soon, it may become easier for employers to classify workers as independent contractors, thereby excluding more workers from overtime pay under...more
This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more
9/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Paid Leave ,
Remote Working ,
Work Availability Requirement
Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
On August 8, 2020, President Trump issued an executive order calling for a deferral of the employees’ portion of the payroll tax (the 6.2% Social Security tax only) from September 1, 2020 through December 31, 2020 (the...more
On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First...more
Six months into the COVID-19 pandemic in the United States, everyone is looking for hopeful signs that life can return to “normal” on any level. Encouraging news reports indicate that the race to develop a COVID vaccine is...more
As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents. Employers are struggling to meet...more
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus...more