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OSHA’s dos and don’ts for mandatory COVID-19 testing of unvaccinated employees

Beginning February 9, 2022, large employers will have to implement the COVID-19 testing requirements of the OSHA ETS. If employers implement a vax-or-test policy, they must comply with the weekly testing requirements and...more

Supreme Court to hear oral arguments on OSHA and CMS vaccine mandates on January 7

On Wednesday December 22, 2021, the U.S. Supreme Court fast-tracked challenges to two federal vaccine mandates, and said it would hear oral arguments on the OSHA vax-or-test mandate for large employers and the CMS vaccine...more

Sixth Circuit lifts stay on vax-or-test mandate for large employers

Challenges to the federal government’s “vax-or-test” mandate for private employers with 100 or more employees started almost as soon as the Occupational Health & Safety Administration released its emergency temporary standard...more

Depending on fact-based assessment, COVID may be considered disability under ADA

On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

Legal challenges to federal vaccine mandates continue

To date, legal challenges to three federal vaccine mandates are pending in courts across the country. The following is an update regarding the status of those lawsuits and what types of employers are impacted by that...more

Healthcare industry’s full compliance now required for OSHA’s emergency temporary standards

The Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standards (ETS) became effective on June 21, 2021. Compliance with most of the provisions was required by July 6, 2021. The last of those...more

EEOC: Employers permitted to administer COVID-19 tests

On April 23, 2020, the Equal Employment Opportunity Commission officially stated that employers may administer a COVID-19 test – the test used to detect the presence of the COVID-19 virus – to employees to determine if they...more

Pandemic’s ‘direct threat’ classification allows employers to take extraordinary actions

As of March 19, 2020, the EEOC has confirmed that based on guidance from the Centers for Disease Control and other public health authorities, the COVID-19 pandemic meets the “direct threat” standard under the Americans with...more

EEOC allowing employers to take temperatures during pandemic

The Equal Employment Opportunity Commission has just recently clarified that because the Centers for Disease Control and other state and local health authorities have acknowledged community spread of COVID-19 and issued...more

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