On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more
5/19/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
EEO ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Harassment ,
Reasonable Accommodation ,
Rehabilitation Act ,
Sexual Harassment ,
Title VII ,
Vaccinations ,
Workplace Safety
Medical marijuana has been legal, in the District of Columbia, since 2010. And since 2015, the City has permitted adults to use marijuana recreationally. Earlier this month, the City Council went further by unanimously...more
We’ve reported on Virginia’s first-in-the-nation, state-wide, permanent COVID-19 workplace standard. Last month, concluding that COVID-19 “no longer poses a ‘grave danger’ to employees,” the state’s Safety and Health Codes...more
Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations.
The update explains and clarifies the...more
11/23/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Law Violations ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Title VII ,
Workplace Safety
On November 12, the Fifth Circuit extended its stay on OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The order authorizes businesses and other organizations to exclude or refuse service to individuals who aren’t wearing a mask and to ask them to leave the premises.
Following the latest CDC mask-wearing guidance, discussed...more
On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
The Order reflects President Biden’s promises...more
2/22/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Guidance Update ,
Health and Safety ,
Masks ,
OSH Act ,
OSHA ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean.
Executive Order 13950 -
As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more
2/10/2021
/ Anti-Retaliation Provisions ,
Arbitration ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Mediation ,
Mine Safety and Health Administration (MSHA) ,
Minimum Wage ,
NLRA ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Prevailing Wages ,
Taft-Hartley Act ,
Unions ,
Wage and Hour ,
Workplace Safety
We’ve reported, at length, on Virginia’s first-in-the-nation, state-wide, temporary COVID-19 workplace safety standard linked below. That standard took effect on July 27, 2020, and will expire on January 26, 2021.
This...more
Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Incentives ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
On August 13, Mayor Muriel Bowser signed into law the “Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020.”
Under it, District of Columbia employers must have, by August 20, adopted and...more
This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
The first summarized the standard’s mandates for all covered employers. The second addressed the...more
In our previous Alert, we summarized general employer mandates contained in Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
Today, we focus on a mandate applicable to covered employers...more
Last week, Virginia Governor Ralph Northam announced the nation’s first statewide COVID-19 workplace safety standard.
Northam said, “Workers should not have to sacrifice their health and safety to earn a living, especially...more
Alabama’s Safer at Home Order, issued on May 8, 2020, encourages everyone in the state to minimize travel beyond the home, especially if sick; wear a face covering around people from other households; frequently wash their...more
5/22/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Non-Essential Businesses ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Work Restrictions ,
Workplace Safety
Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the...more
Earlier this month, the Occupational Safety and Health Administration (OSHA) issued two memoranda detailing the agency’s plan for conducting enforcement actions during the COVID-19 pandemic.
On April 13, OSHA released an...more
Yesterday, the Equal Employment Opportunity Commission (EEOC) addressed two important issues that have vexed employers during the COVID-19 pandemic:
May employers administer a COVID-19 test — a test to detect the presence...more
Questions are being raised if an employer has the legal right to discipline or discharge employees who refuse to work out of concern about the Coronavirus. The definitive legal answer is, “it depends.” There are both legal...more
With the World Health Organization declaring the coronavirus a worldwide pandemic and President Trump declaring a “National Emergency to Fight COVID-19,” it is imperative that employers understand the requirements of the OSH...more