On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA's COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees...more
1/17/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more
12/21/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
OSH Act ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
We have reported on OSHA Emergency Temporary Standard (“ETS”), published on November 5th, that mandates that covered employers require their employees to be fully vaccinated against COVID-19 or obtain weekly COVID-19 tests...more
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 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
On September 9, 2021, President Biden announced that COVID-19 vaccinations will be mandatory for a significant swath of the United States workforce. The White House announced a comprehensive, six-pronged plan to combat...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.
The update incorporates...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Furloughs ,
GINA ,
Guidance Update ,
Layoffs ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Virus Testing
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
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
Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace?
An antibody test is a medical...more
With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns...more
6/15/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
High Risk Covid Employees ,
Medical Examinations ,
Pregnancy Discrimination ,
Public Health Emergency ,
Race Discrimination ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehabilitation Act ,
Remote Working ,
Title VII ,
Virus Testing
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