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EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires...more

EEOC’s Proposed Pregnant Workers Fairness Act Regulations: Oh Mama!

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). In a matter of just under 9 months, since the law was...more

EEOC Issues Proposed Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers to provide reasonable accommodations to a qualified...more

OSHA Enforcement Initiative Targets Warehouse, Home Center, Delivery Services, Supermarkets, Others

The Occupational Safety and Health Administration (OSHA) has launched a three-year national emphasis program permitting extensive inspections of warehousing and distribution center operations, mail/postal processing and...more

Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use

Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two...more

Kentucky Medical Marijuana Law Takes Effect in 2025

Kentucky Governor Andy Beshear signed into law Senate Bill 47 on March 31, 2023 which legalizes medical cannabis in Kentucky. Under the law, eligible Kentucky residents will be able to apply for a registry identification...more

OSHA Fails to Prove Feasible, Effective Abatement for Excessive Heat Hazard, Commission Rules

The Occupational Safety and Health Administration (OSHA) successfully established the existence of an excessive heat hazard for which the agency cited the employer, the Occupational Safety and Health Review Commission (OSHRC)...more

Complying With New Federal Pregnant Workers Fairness Act, PUMP for Nursing Mothers Act

The new Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act) were adopted when President Joe Biden signed the Consolidated Appropriations...more

Rhode Island Legalizes Recreational Marijuana and Protects Off-Duty Use

Rhode Island Governor Dan McKee signed a bill legalizing recreational marijuana in the state on May 25, 2022. The new law took effect immediately. Adults age 21 and older now can possess up to an ounce of cannabis, may grow...more

OSHA Pushes Heat Standard

The Occupational Safety and Health Administration (OSHA) has made clear that heat illness is a top priority, and the forthcoming heat exposure standard is certain to affect construction firms....more

Permanent Healthcare COVID-19 Standard Update: OSHA Sets Hearing Date on Deviations to Proposed Rule

Occupational Safety and Health Administration (OSHA) has partially reopened the record on the rulemaking for the permanent healthcare COVID-19 standard, known as the rule on “Occupational Exposure to COVID-19 in Healthcare...more

OSHA Launches COVID-19 Inspection Initiative for Healthcare Employers

With its new inspection initiative, the Occupational Safety and Health Administration (OSHA) is taking steps to ensure certain healthcare employers continue to protect workers against COVID-19, even as falling case numbers...more

D.C. Court of Appeals Panel to Hear Argument for Reinstating Healthcare ETS

On April 4, 2022, a merits panel of the D.C. Circuit Court of Appeals will hear oral arguments on a petition seeking to force OSHA to issue a permanent standard for healthcare occupational exposure to COVID-19 and to...more

Supreme Court to Consider Arguments on Pulling Plug on OSHA COVID-19 ETS

The U.S. Supreme Court has scheduled expedited arguments on the U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency...more

Sixth Circuit Gives Employers Lump of Coal for Christmas, Dissolves Stay of OSHA Vaccine ETS

The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for...more

Is COVID-19 a Disability? EEOC Provides Updated Guidance

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance...more

Federal OSHA Threatening to Pull the Plug on State Plans Refusing to Enforce Healthcare ETS

Many states have Occupational Safety and Health Administration (OSHA)-approved workplace safety and health programs (OSHA State Plans) and enjoy enforcement autonomy over workplace safety and health in those states,...more

Congress Considering $700,000 OSHA Penalties

A Congressional committee has approved maximum penalties of $700,000 per item for violations of Occupational Safety and Health Administration (OSHA) standards. The move would mean more than a fivefold increase of maximum...more

President’s Path Out Of The Pandemic Adds Hurdles For Employers

On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan (the Plan). The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers...more

OSHA Updates Non-Healthcare Employer Guidance On COVID-19

The Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, on August...more

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more

DHHS And DOJ Issue Guidance On “Long COVID” As A Disability

On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with...more

Labor Unions Seek Appellate Review Of OSHA COVID-19 Emergency Temporary Standard

The United Food and Commercial Workers International Union, AFL-CIO, CLC (UFCW), and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) have filed a petition for review of OSHA’s recent...more

Failure To State Cost Of Confirmatory Re-Test Violates Iowa Drug Testing Law

An employer’s failure to notify an employee of the cost of a confirmatory re-test of his original drug test specimen is a violation of the Iowa drug testing law. Woods v. Charles Gabus Ford, Inc., Case No. 19-0002 (Iowa June...more

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