New York Gov. Kathy Hochul on Nov. 17, 2023, signed Senate Bill S3539 (Retainage Amendment), which amended Sections 756-a and 756-c of the New York General Business Law, commonly referred to as the Prompt Payment Act. The...more
Current Occupational Safety and Health Administration (OSHA) recordkeeping requirements, codified at 29 C.F.R. Part 1904, mandate that covered employers record certain work-related injuries and illnesses sustained by...more
The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preemption ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Supreme Court today heard oral argument on applications to stay both the Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccine mandates. As in prior cases...more
The litigation over federal vaccine mandates has encountered its latest dramatic twist. The U.S. Supreme Court will hear oral argument on Jan. 7, 2022, on whether to stay lower-court decisions on the Occupational Health and...more
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions,...more
12/20/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
Multidistrict Litigation ,
Order to Lift Stay ,
OSHA ,
Petition for Writ of Certiorari ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees firmwide or companywide. The ETS requires, with certain...more
On Nov. 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the Occupational Safety and Health Administration's (OSHA) emergency temporary standard (ETS) on COVID-19 vaccination and testing. The Fifth...more
The Occupational Safety and Health Administration (OSHA) on Aug. 13, 2021, updated its advisory guidance on mitigating and preventing the spread of COVID-19 in the workplace for both vaccinated and unvaccinated workers...more
The Occupational Safety and Health Administration (OSHA) on June 10, 2021, issued an Emergency Temporary Standard (ETS) to address the current state of the COVID-19 pandemic and its continuing impact on the workplace. The...more
This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The U.S. Equal Employment Opportunity Commission (EEOC)...more
This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The Internal Revenue Service (IRS) recently announced...more
This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The Occupational Safety and Health Administration (OSHA)...more
On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) released guidance that stated that COVID-19 vaccinations do not qualify as medical examinations under the Americans with Disabilities Act (ADA) and that...more
4/26/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Employers are potentially eligible for a new round of Paycheck Protection Program (PPP) loans through the U.S. Small Business Administration (SBA). The SBA PPP loan application requires borrowers to certify that they are, to...more
President Joe Biden issued an executive order on Jan. 21, 2021, directed at the health and safety of American workers and workplace safety. Within days, on Jan. 29, 2021, the Occupational Safety and Health Administration...more
As the first wave of COVID-19 exposure lawsuits begins to spread across the country, already-struggling businesses are looking to state and federal governments for immunity from liability. However, state laws regarding...more
The Occupational Safety and Health Administration (OSHA) has released reopening guidance for businesses deemed "non-essential" by local authorities. This guidance, released on June 18, 2020, was developed to supplement OSHA's...more
Construction industry members — including owners, developers, contractors, subcontractors and supply chain vendors — have experienced varying degrees of impacts as a result of the COVID-19 pandemic. The nature of the impacts...more
Following the outbreak of novel coronavirus (COVID-19), federal agencies published new and revised guidance that address employers' obligations to protect the health and safety of their employees (which may also include...more
The fluid and fast-changing impact of the novel coronavirus (COVID-19), with an ever-increasing number of diagnosed cases, has left many employers wondering what their obligations are to the Occupational Safety and Health...more
On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within eight hours, when an employee is killed on the job; and...more
Since first being introduced in 2007, ConsensusDOCS forms have become increasingly popular and along with the AIA forms are becoming industry standard. The organizations that endorsed the ConsensusDOCS devoted untold hours to...more