Key Takeaways -
..The Supreme Court stayed OSHA's Vaccination or Testing ETS, but state/local requirements may apply, employers may still have policies requiring COVID-19 vaccination or testing, and employers still have a...more
1/17/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more
12/20/2021
/ Appeals ,
Compliance Dates ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Order to Lift Stay ,
OSHA ,
Petition for Writ of Certiorari ,
Stays ,
Temporary Regulations ,
Time Extensions ,
Vaccinations
Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more
11/15/2021
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
OSHA ,
Public Health ,
Statutory Authority ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) revealed its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing, which has been published in the Federal Register and is...more
11/8/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Masks ,
OSHA ,
Penalties ,
Recordkeeping Requirements ,
Reporting Requirements ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 25, 2021, the EEOC updated its Technical Guidance What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws to provide more direction to employers regarding religious objections to...more
10/28/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
On September 9, 2021, the White House announced a COVID-19 Plan that contains a comprehensive national strategy to address the rise in COVID-19 cases caused by the delta variant. The strategy employs six detailed points of...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
Infectious Diseases ,
Loan Forgiveness ,
Masks ,
OSHA ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Private Sector ,
Public Employees ,
Public Schools ,
Vaccinations ,
Virus Testing ,
Workplace Safety
What is a COVID-19 vaccine passport?
A COVID-19 vaccine passport is a document that serves as proof that an individual has been fully vaccinated against COVID-19. Vaccine passports can be used to regulate international...more
On June 22, 2021, The Michigan Occupational Safety and Health Administration posted a new set of Emergency Rules on the Department of Labor and Economic Opportunity's COVID-19 Workplace Safety Guidance website. These...more
On June 17, 2021, the Michigan Department of Health and Human Services issued a Recission of Emergency Orders. Finding that the COVID-19 positivity rates, case rates, hospitalization and death numbers have decreased, along...more
On June 10, 2021, the federal Occupational Safety and Health Administration (OSHA) updated its guidance entitled Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace to reflect the...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, concerning...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Incentives ,
Pregnancy ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Vaccinations
On May 24, 2021, Governor Whitmer announced updates to MIOSHA's COVID-19 emergency rules, which supersede the prior version filed on October 14, 2020, and extended on April 13, 2021. The updated rules are set to remain in...more
UPDATE: On May 20, 2021, Governor Gretchen Whitmer announced a bipartisan agreement with the Legislature to fully negotiate the state budget and federal funding from the CARES Act and the American Rescue Plan Act with the...more
5/24/2021
/ American Rescue Plan Act of 2021 ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Federal Funding ,
Governor Whitmer ,
Masks ,
Re-Opening Guidelines ,
State Budgets ,
State Health Departments ,
State OSHA Laws ,
Vaccinations ,
Workplace Safety
On May 15, 2021, the Michigan Department of Health and Human Services (MDHHS) issued an updated Gatherings and Face Mask Order that follows the CDC's Guidance for Fully Vaccinated People released on May 13, 2021, which says...more
On March 11, 2021, the American Rescue Plan Act of 2021 (the "Rescue Plan") was passed and signed into law. Employers should be aware of the key employment provisions of the Rescue Plan in managing their workforce and in...more
With nearly 34 million people, or more than one in 10 Americans, fully vaccinated against COVID-19, most employers can expect vaccination to soon become available to their general workforce. Besides being eager to return to...more
3/15/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Fourteenth Amendment ,
GINA ,
OSHA ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Medical Examinations ,
NLRA ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
On December 7, 2020, the Michigan Department of Health and Human Services (MDHHS) issued the latest Gatherings and Face Mask Order. This new order effectively extends the gathering restrictions, the face mask mandate, and the...more
In light of the recent surge of COVID-19 cases in Michigan, governmental agencies in charge of workplace safety and public health have issued several directives and guidance to employers and businesses in the hope of...more
Michigan Governor Gretchen Whitmer signed into law several bills on October 22, 2020, including those providing a liability shield to individuals and entities that comply with COVID-19-related government directives and...more
Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the...more
On July 29, 2020, Michigan Gov. Gretchen Whitmer signed Executive Orders 2020-160 and 2020-161. EO 2020-160 reaffirms many of the prior restrictions while tightening some, and permits the opening of casinos and racetracks,...more
As stay-home restrictions are lifted, many states and local governments are permitting businesses to open only if they are able to screen workers for symptoms of the coronavirus. Employers are put in a position to juggle work...more
With federal and state governments’ contemplation of plans to reopen the economy, employers should begin considering necessary and recommended steps to bring employees back to the workplace, and legal issues raised by doing...more
On April 3, 2020, Michigan Governor Gretchen Whitmer signed Executive Order No. 2020-36 (the “Order). The Order requires certain individuals to stay at home even if they were otherwise allowed to leave home for work as a...more