UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 7, 2022, the U.S. Supreme Court heard oral arguments over whether two sets of vaccine and testing mandates should go into effect: (1) the OSHA ETS, applying to private employers with 100 or more employees; and (2)...more
Originally published 11/08/21. Updated 12/01/21.
As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Final Rules ,
Healthcare Workers ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing
As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the key...more
11/8/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Code of Federal Regulations (CFR) ,
Coronavirus/COVID-19 ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare Workers ,
OSHA ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Virus Testing
Federal agencies released anticipated guidance and regulations requiring COVID-19 vaccination for employees by January 4, 2022. The Occupational Safety and Health Administration (OSHA) released the Emergency Temporary...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9th, President Biden signed two Executive Orders; one requiring COVID vaccines for federal employees and another ensuring adequate COVID safety protocols for federal contractors. The administration also announced...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
Today (07/27/21), the CDC released new guidance on masking and other issues for fully-vaccinated individuals. As a result, we recommend employers update their return-to-work policies, including the Minnesota Preparedness Plan...more
After a year unlike any other, colleges and universities are grappling with historical challenges. While adjusting to reduced attendance, converting to online programming, and ensuring a healthy and safe environment, many...more
After sheltering-in-place, remote working, and business closures, employers across the country have started planning to bring employees back to work. The first item of business is how to ensure the workplace is safe for...more
California Gov. Gavin Newsom issued a statewide Executive Order requiring large employers to provide up to 80 hours of Supplemental Paid Sick Leave (SPSL) for food sector workers and to permit extra handwashing breaks,...more
During the week of April 6, 2020, several cities expanded paid sick leave entitlements during the COVID-19 crisis. We outline a few of these below....more
The Families First Coronavirus Response Act (FFCRA) creates, for the first time, a federal requirement to issue paid sick leave and paid FMLA benefits for most private employers with fewer than 500 employees. To help offset...more
Minnesota Governor Tim Walz signed a workers’ compensation bill on April 7, 2020, to help first responders, healthcare workers and daycare workers who contract COVID-19 in the workplace. The law is intended to ensure...more
FAMILIES FIRST CORONAVIRUS RESPONSE ACT COMPLIANCE -
The Department of Labor has started issuing interpretive guidance on the FFCRA, which provides for paid sick and FMLA leave for certain employees. The DOL’s guidance,...more
On March 18, 2020, the New York State Assembly passed and Governor Cuomo signed into law a response to the novel coronavirus that provides certain employees sick leave and job protection in the event they are subject to...more
Likely yes, but it’s worth checking some boxes. First, consider whether your state has predictive scheduling laws, which require advanced notice before changing an employee’s schedule. Many of these laws provide exceptions...more
As businesses navigate the unprecedented waters surrounding COVID-19, some are considering using thermometers to screen employees and keep the workplace safe. But does the Americans with Disabilities Act (ADA) allow employers...more
3/16/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Medical Examinations ,
Public Health ,
Workplace Safety
The novel coronavirus (COVID-19) outbreak has created significant workplace concerns for U.S. employers. Companies are balancing the need to continue their operations against the desire to keep their employees safe. The...more
3/13/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Management Rights Clauses ,
OSHA ,
Public Health ,
Unions ,
Wage and Hour ,
WARN Act ,
Workplace Safety