OSHA’s long-anticipated (as we have previously discussed) COVID-19 Emergency Temporary Standard ("ETS") is out and, as promised, it will require companies with at least 100 employees – across all facilities – to either...more
The Biden administration is instructing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is...more
President Biden is putting nursing homes on notice that all of their employees will need to be vaccinated against COVID-19, if the homes intend to continue participating in Medicare or Medicaid. The administration has...more
8/19/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Elder Care ,
Health Care Providers ,
Infectious Diseases ,
Long Term Care Facilities ,
Long-Term Care ,
Nursing Homes ,
Proposed Regulation ,
Title VII ,
Vaccinations
Welcome to this seventh issue of the 2021 edition of Unprecedented. There is a lot of good news around the COVID-19 pandemic. Easter weekend saw the United States mark another vaccination milestone, with 4 million doses...more
As part of the recently enacted American Rescue Plan Act of 2021 (“ARP”), certain COBRA eligible individuals are eligible for temporary premium subsidies April 1 to September 30, 2021. These subsidies will cover 100 percent...more
We are pleased to bring you our first SuperVision issue of the year. 2021 is anticipated to be a year of changes -- from a new presidential administration to a new phase of COVID-19 and vaccines -- and we are embracing that...more
The Families First Coronavirus Relief Act ("FFCRA") was passed by Congress this spring to mandate two weeks of paid sick leave for COVID-19 reasons and to extend the FMLA by creating a new reason for FMLA leave relating to...more
With the release of new COVID-19 vaccines comes hopes of a return to "normalcy" and new concerns for how to protect your workforce. Can you make vaccines mandatory for your employees? If so, what considerations must you take...more
As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden administration may be limited in what it wants to do because...more
What Can We Expect from a Biden Administration?
As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden...more
Last month, we discussed a decision out of the Southern District of New York ("SDNY") that invalidated parts of the DOL’s temporary rule that interpreted provisions of the FFCRA, the federal law that created both paid sick...more
9/14/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Intermittent Leave ,
Paid Leave ,
Required Documentation ,
Sick Leave ,
Wage and Hour ,
Work Availability Requirement
The Editors' Note -
Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more
9/5/2020
/ Appeals ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Rule ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Harassment ,
Lack of Authority ,
New Guidance ,
NLRA ,
NLRB ,
Notice of Right to Sue ,
Paid Leave ,
Protected Activity ,
Quarantine ,
Remote Learning ,
Section 7 ,
State OSHA Laws ,
Traveling Employee ,
Virginia ,
Workplace Safety
In response to a lawsuit filed by the State of New York, a judge in the Southern District of New York considered and invalidated parts of the Department of Labor's (“DOL”) Final Rule implementing the Families First...more
8/10/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Draft Implementation Regulations ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Intermittent Leave ,
Lack of Authority ,
Mandatory Requirements ,
New York ,
Paid Leave ,
Required Documentation ,
Reversal ,
Small Business ,
State and Local Government
Even in more traditional times, summer posed staffing issues for most employers, as employers juggled employee vacation requests while working to maintain a functional workplace. Of course, the COVID-19 pandemic resulted in...more
6/30/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Quarantine ,
Summer Camps ,
Traveling Employee ,
Vacation Leave ,
Virus Testing
The U.S. Equal Employment Opportunity Commission (“EEOC”) is delaying data collection for their annual EEO-1 Report filing. The EEO-1 Employer Information Report, is a survey that is required annually for larger employers and...more
In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the...more
5/1/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Interactive Process ,
Medical Leave ,
New Guidance ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
Undue Hardship ,
Workplace Safety
As states begin to ease the restrictions contained in stay-at-home orders and allow certain types of businesses to begin opening back up, have you considered the steps your organization needs to follow to ensure you're...more
Governor Justice has issued his plan for the scaling back of his “stay-at-home” Executive Order, otherwise known as “reopening the state.” The plan hinges on having three consecutive days where the statewide cumulative...more
In this webinar, Spilman attorneys Eric Kinder and Carrie Grundmann walk through the legal considerations, and hurdles, in managing a telecommuting workforce as well as offer practical HR guidance on how get the best from...more
West Virginia now has one set of social distancing rules for businesses thanks to an emergency rule promulgated by the West Virginia Department of Health and Human Resources ("DHHR"). Prior to the DHHR’s rule, local boards of...more
4/20/2020
/ Business Entities ,
Coronavirus/COVID-19 ,
Customers ,
Employer Liability Issues ,
Executive Orders ,
Operators of Essential Services ,
Posting Requirements ,
Shelter-In-Place ,
Social Distancing ,
State Health Departments ,
Workplace Safety
Many businesses have been shuttered or have reduced their operations to an on-site skeleton crew supporting droves of teleworkers. At some point, most will reopen and bring their employees back into the workplace. Though the...more
4/13/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health Emergency ,
Return-to-Work Agreements ,
Social Distancing ,
Third-Party Service Provider ,
Workplace Decontamination ,
Workplace Safety
According to a news report published by Reuters, the Equal Employment Opportunity Commission ("EEOC") has stopped sending Right to Sue letters ("RTS") to complainants for the duration of the COVID-19 pandemic. ...more
As a result of the COVID-19, employers are being forced to reduce the size of their workforces in order to keep costs down for the duration of the pandemic and perhaps beyond. Employers can choose to either furlough employees...more
Spilman's COVID-19 Task Force and Health Care Practice Group have developed this e-newsletter to address important issues affecting health care providers and others operating in the health care industry during the COVID-19...more
The Families First Coronavirus Response Act and state enactments on unemployment, business closures, and mandatory shelter at-home orders have impacted business of all sizes. Businesses are looking for practical advice to...more