Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more
1/3/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Oral Argument ,
OSHA ,
Popular ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A staggering 94% of employers reported that they have experienced more difficulty than normal in retaining and recruiting workers in 2021, with more than half (53%) reporting “severe” difficulty compared to normal times. And...more
In a terse 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its preliminary stay that blocked the mandate-or-test Emergency Temporary Standard (ETS) late Friday, further complicating the status of...more
Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more
11/5/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Healthcare Workers ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Remote Working ,
Reporting Requirements ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Illness and Injury Reporting ,
Workplace Safety
As vaccine mandates increase, employers may face yet another headache in the continuing stream of pandemic-related concerns: employees presenting fake cards when asked to establish proof of vaccination. What can you do if you...more
“Are you fully vaccinated?” This seems to have become a million-dollar question that employers want to pose to their workers, but confusion abounds regarding the legal contours of this deceptively dangerous question. Many...more
The overwhelming majority of employers cite fear of turnover and staffing shortages as a reason not to implement a vaccine mandate at their workplaces – but is this fear being overestimated? Out of the 1,578 respondents that...more
On the heels of the FDA’s full approval of the Pfizer vaccine, several major U.S. cities are requiring vaccines for entry to restaurants, shops, and entertainment facilities – and some businesses are instituting their own...more
Although the COVID-19 vaccines are expected to receive full FDA approval – perhaps as soon as later this month – an increasing number of businesses are not waiting for full authorization and are pressing forward to require...more
The U.S. Centers for Disease Control and Prevention (CDC) announced yesterday that the agency now recommends that people in areas with “substantial” and “high” COVID-19 transmission should wear masks indoors, regardless of...more
7/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
The world is opening up again and Americans are venturing out to travel, shop, and dine out. With the sudden rise in leisure and hospitality sales, the industry is facing an increased need for skilled employees – but...more
7/6/2021
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Hospitality Industry ,
Labor Shortage ,
Mobile Apps ,
Payroll Records ,
Recordkeeping Requirements ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage & Hour Division (WHD) ,
Wage and Hour
Responding to a huge looming question for employers, the Occupational Safety and Health Administration (OSHA) just issued an announcement referring businesses to the CDC’s new guidance advising that fully vaccinated people no...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
Businesses have been hit hard by the pandemic over the last year, with the service and entertainment industries bearing the brunt of the fallout resulting from mandated shutdowns, stringent safety restrictions, and reluctant...more
4/5/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Data Privacy ,
Data-Sharing ,
Disability Discrimination ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Public Accommodation ,
Title VII ,
Vaccinations ,
Vaccine Passports
Undoubtedly, working mothers have always worked a “double shift” – a full day at work followed by hours spent caring for their children, running to soccer practice, and getting food on the table. Before the pandemic, however,...more
As the pandemic rages through Kentucky and the holidays right around the corner, Governor Beshear just issued an executive order mandating significant restrictions on businesses to slow down the escalating spread of COVID-19...more
11/19/2020
/ Bars ,
CARES Act ,
Coronavirus/COVID-19 ,
Executive Orders ,
Governor Beshear ,
Health and Safety ,
Hospitality Industry ,
Infectious Diseases ,
Public Health ,
Relief Measures ,
Restaurant Industry ,
Workplace Safety
According to Kentucky Governor Beshear’s Health at Work Phased plan, restaurants can reopen on May 22, 2020 at 33% capacity. On May 14, 2020, Governor Beshear issued interim Requirements for Restaurants outlining the...more
5/18/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Governor Beshear ,
Health and Safety ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Workplace Safety
The Department of Labor started off 2020 by focusing its enforcement efforts on child labor law compliance. In January, several large quick-service franchisee restaurants were slapped with hefty penalties for violating child...more
You’ve got a packed restaurant dinner rush and now a lactating employee you are legally required to accommodate. The problem is there is no time in the schedule for someone to leave the floor and nowhere to put her. What do...more