As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days...more
On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the nationwide injunction against the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by...more
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, November 12, 2021, a panel of the U.S. Court of Appeals for the Fifth Circuit issued a strongly worded decision granting a motion to prevent the Occupational Safety and Health Administration (OSHA) from...more
As we previously reported, effective November 5, 2021, the Occupational Safety & Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure that covered...more
On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the long-awaited COVID-19 Emergency Temporary Standard (ETS) for employers with 100 or more employees. At the...more
This week, we update you on recent guidance for and challenges to President Biden’s requirement that employers with 100 or more employees, federal employers and contractors, and health care employers mandate COVID-19...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Workplace Safety
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued a long-awaited Emergency Temporary Standard (“ETS”) to protect health care workers from COVID-19. This new temporary standard applies to...more
6/17/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Home Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Popular ,
Workplace Safety
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued updated guidance (“Guidance”) for businesses and employers on COVID-19 prevention and mitigation in a post-vaccine workplace. This Guidance...more
6/17/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Risk Management ,
Wage and Hour ,
Workplace Safety
Welcome to #WorkforceWednesday. Here’s the week’s top workforce management and employment law news:
The COVID-19 Labor Market Imbalance (video below)
The COVID-19 pandemic has created a sudden imbalance in the labor market....more
4/22/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Health and Safety ,
Hiring & Firing ,
Joint Employers ,
Layoffs ,
OSHA ,
Return-to-Work Agreements ,
Shared Work Program ,
Staffing Agencies ,
Workplace Safety
As summer winds down, the challenges impacting health care employers in 2019 continue to heat up. These challenges include ongoing developments regarding marijuana legalization, employee resistance to vaccination mandates,...more
8/30/2019
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Workers ,
Individual Mandate ,
Marijuana ,
OSHA ,
Tax Cuts and Jobs Act ,
Workplace Safety ,
Workplace Violence
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
Employers in the health care industry are dealing with a growing number of employment law challenges. In this edition of Take 5, we identify the key issues confronting health care employers and discuss how to manage these...more
7/2/2018
/ Acquisitions ,
Due Diligence ,
Employee Training ,
Employer Liability Issues ,
False Claims Act (FCA) ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Healthcare Facilities ,
Mergers ,
Misclassification ,
OSHA ,
Pay Equity Laws ,
Policies and Procedures ,
Resignation ,
Restrictive Covenants ,
Retaliation ,
Workplace Violence
Employers in the health care industry are facing a number of looming threats. Workplace violence is one of the most serious occupational hazards facing health care workers, while cyber-attacks pose a significant threat to the...more
3/25/2016
/ Criminal Background Checks ,
Cybersecurity ,
Healthcare Facilities ,
Home Health Care ,
Joint Employers ,
NLRB ,
OSHA ,
Popular ,
Ransomware ,
Union Elections ,
Workplace Violence
Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more
10/29/2015
/ Affordable Care Act ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Healthcare Workers ,
Joint Employers ,
Life Sciences ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Nursing Homes ,
OSHA ,
Physicians ,
Protected Concerted Activity ,
Right to Control ,
Unions ,
Unpaid Overtime ,
Wage and Hour