It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance,...more
Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034...more
On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more
The U.S. COVID-19 Public Health Emergency will end on May 11, 2023, one week after the World Health Organization determined that COVID-19 is no longer a Public Health Emergency of International Concern....more
In an effort to streamline its guidance and reflect the current state of the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) has issued updated guidance that focuses on individual responsibility and is...more
As the pandemic continues to evolve, so does the EEOC’s guidance. On July 12, 2022, the EEOC once again updated its COVID-19 guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more
7/21/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
High Risk Covid Employees ,
Rehabilitation Act ,
Vaccinations ,
Virus Testing
As the number of employees requesting flexible work arrangements increases, the Equal Employment Opportunity Commission (EEOC) has released a new technical assistance document, “The COVID-19 Pandemic and Caregiver...more
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
The Court described the standard as a “blunt...more
1/14/2022
/ Americans with Disabilities Act (ADA) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Title VII ,
Vaccinations ,
Virus Testing
The U.S. Supreme Court heard oral arguments Friday in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay,...more
The U.S. Supreme Court has scheduled expedited arguments on the U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency...more
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for...more
Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100...more
11/4/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Employees ,
Food and Drug Administration (FDA) ,
Joe Biden ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Reporting Requirements ,
Retaliation ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies
On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan (the Plan). The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers...more
The Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, on August...more
In its latest guidance, the Centers for Disease Control and Prevention (CDC) recommends that everyone — including individuals fully vaccinated with one of the available COVID-19 vaccines — wear masks in indoor public settings...more
Can employers mandate vaccines? The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks.
On July 26, 2021, the OLC issued an...more
The CDC is now recommending that everyone – including fully vaccinated individuals – wear masks in indoor public settings in all areas with substantial and high transmission of the COVID-19 virus and get tested following...more
Public schools and universities are barred from requiring vaccines that have not received full U.S. Food and Drug Administration (FDA) approval under Ohio House Bill 244 (HB 244), signed by Governor Mike DeWine on July 14,...more
In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Confidential Information ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Title VII ,
Vaccinations
In a surprise move today, CDC followed the lead of the various states that have lifted their masking and physical distancing recommendations. However, CDC’s new recommendations come with a twist. The CDC’s recommendations...more
Although Ohio has not yet attained its goal of reducing COVID-19 cases to 50 cases per 100,000 people over a two-week period, the Director of the Ohio Department of Health has rescinded many of the prior orders designed to...more
On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The Guidance incorporates much of...more
2/4/2021
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Return-to-Work Agreements ,
Risk Assessment ,
Sanitation ,
Sick Employees ,
Social Distancing ,
Workplace Safety
Making good on President Biden’s position that everyone should wear a mask when using public transportation, the CDC issued an Order effective February 2nd requiring all travelers using public transportation to wear masks...more
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
1/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
New Guidance ,
Virus Testing ,
Workplace Safety
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated...more
11/13/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Infectious Diseases ,
OSHA ,
Unions ,
Vaccinations ,
Workplace Safety