When hiring employees, employers must verify employees’ identities and employment authorizations and record their verification on Form I-9. Federal law requires that employers complete Section 2 of the Form I-9 by physically...more
Under updated EEOC guidance, an employer may now conduct mandatory COVID-19 testing only if such testing is “job-related and consistent with business necessity.”
Employers should assess a number of factors before...more
On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (“OSHA”) enforcement of its COVID-19 Emergency Temporary Standard (“ETS”). Among other things, the ETS would have...more
1/17/2022
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the 6th Circuit Court of Appeals lifted the stay on OSHA’s COVID-19 Emergency Temporary Standard (“ETS”), allowing OSHA to move forward with enforcing the ETS — including its rule requiring large...more
On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 Technical Assistance Guidance to address when COVID-19 is a disability within the meaning of the Americans with Disabilities Act...more
On December 6, 2021, New York City announced a vaccine mandate for all private-sector employers that will take effect on December 27, 2021. The mandate, which will require all in-person employees who are in a workplace with...more
12/7/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement Actions ,
Mayor de Blasio ,
New York ,
Private Sector ,
Reasonable Accommodation ,
State Legislatures ,
Vaccinations
Updates Regarding COVID-19 Vaccine Mandate for Federal Contractors Released November 12, 2021 On November 4, 2021, the White House announced that the deadline for the federal contractor vaccination mandate will be extended...more
11/12/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Compliance ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
OSHA ,
Reasonable Accommodation ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 10, 2021, following the announcement of OSHA’s new vaccination-or-testing rule, the Office of the General Counsel of the National Labor Relations Board released a memorandum addressing employers’ obligation to...more
On November 6, 2021, the Fifth Circuit Court of Appeals temporarily blocked enforcement of the OSHA vaccination-or-testing rule. Citing “grave statutory and constitutional issues” with the rule, a three-judge panel issued the...more
11/8/2021
/ Anti-Discrimination Policies ,
Appeals ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Healthcare Workers ,
Interim Final Rules (IFR) ,
Order to Stay ,
OSHA ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Virus Testing
On October 25, 2021, as more employers adopt workplace vaccination requirements for their employees, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning requiring COVID-19 vaccinations in...more
10/29/2021
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Guidance Update ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Virus Testing
On September 29, 2021, Massachusetts Governor Charlie Baker signed into law an extension to the Massachusetts COVID-19 Emergency Paid Sick Leave (“EPSL”) program. As we wrote about in detail..., the EPSL program requires...more
On September 24, 2021, the Safer Federal Workforce Task Force issued its much-anticipated guidance regarding new COVID-19 workplace safety requirements for federal contractors (the “Guidance”). The Guidance comes in response...more
9/29/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Masks ,
OSHA ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Web Tracking ,
Workplace Safety
On September 9, 2021, President Biden unveiled his administration’s plan to combat the recent COVID-19 surge across the United States, referred to by the administration as the “Path out of the Pandemic.” The plan, in...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Workplace Safety
On May 28, 2021, Massachusetts Governor Charlie Baker signed into law legislation requiring all Massachusetts employers to provide emergency paid sick leave to employees who are unable to work for certain reasons relating to...more
6/4/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Full-Time Employees ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Part-Time Employees ,
Sick Leave ,
State Labor Laws
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations
On May 17, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance to employers, instructing employers to refer to recent Centers for Disease Control and Prevention (CDC) guidance for...more
5/19/2021
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
This morning, Governor Charlie Baker made a major announcement accelerating the Massachusetts COVID-19 reopening plan.
On May 29, 2021, the Commonwealth will lift all industry COVID restrictions and lift all capacity...more
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act into law, which will require New York State employers to implement workplace health and safety standards to protect their...more
5/12/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Covered Employer ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Failure to Comply ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Mandatory Requirements ,
New York ,
Policies and Procedures ,
Workplace Safety
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law. In addition to providing nearly $2 trillion of monetary relief for individuals and business sectors impacted by the...more
4/1/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
CARES Act ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
New Legislation ,
Non-Discrimination Rules ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Subsidies ,
Tax Credits ,
Unemployment Benefits
On March 12, 2021, New York State Governor Andrew Cuomo signed into law legislation granting public and private employees paid time off to receive the COVID-19 vaccination. The new law immediately requires all New York State...more
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued detailed health and safety guidance to inform employers and employees of recommended strategies to mitigate the risk of exposure to...more
2/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
Health and Safety ,
New Guidance ,
New Legislation ,
OSHA ,
Reporting Requirements ,
Workplace Safety
On January 21, 2021, President Joe Biden used his first full day in office to issue an Executive Order focused on increased COVID-19 protections for the nation’s workers, including the most vulnerable essential employees. As...more
1/26/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
Health and Safety ,
New Guidance ,
New Legislation ,
OSHA ,
Workplace Safety
December 23, 2020 On December 22, 2020, in response to the escalating concerns about the potential of a post-Christmas COVID-19 surge like that experienced after Thanksgiving, Massachusetts Governor Charlie Baker issued...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers regarding the intersection of employer COVID-19 vaccine policies and various federal equal employment opportunity...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Emergency Use Authorization (EUA) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Massachusetts Supreme Judicial Court on December 10, 2020 rejected a broad challenge to Governor Baker’s authority to issue emergency orders intended to combat the ongoing COVID-19 pandemic. Rejecting both the plaintiffs’...more