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EEOC Updates Test for COVID-19 Testing Policies

It may, once again, be time for employers to review and update their COVID-19 workplace safety policies. In July 2022, the Equal Employment Opportunity Commission (EEOC) released updated guidance that employers must be able...more

To Understand Enforcement of the New OSHA ETS, We Need to Understand Whistleblowing

The new Occupational Safety and Health Administration (“OSHA”) emergency temporary standard mandating various COVID-19 policies and procedures for employers with at least 100 employees (“ETS”) has an uncertain future in light...more

[Webinar] Returning to Work: Navigating Vaccination, Testing and Masking Requirements - November 18th, 12:00 pm - 1:00 pm CT

As employers consider plans to have their workforces return to the office, they are faced with the daunting task of creating a return-to-work program that balances powerful safety, legal, and social considerations under a...more

New EEOC Guidance Gives Incentive-Driven Vaccination Policies A Booster Shot

Employers who have been nervous about implementing or enforcing new vaccination policies should be relieved to see the updated technical guidance issued on May 28, 2021, by the Equal Employment Opportunity Commission...more

New York’s HERO Act About To Hit The Streets With New Safety And Labor Obligations For Employers

The initial effective date of June 4, 2021, for New York’s HERO Act (“HERO”) is rapidly approaching, and soon all employers in New York will be required to adopt and implement model airborne infectious disease standards to be...more

DOL Releases Temporary COBRA Subsidy Guidance For Employers

The Department of Labor (“DOL”) issued new guidance earlier this month on the temporary COBRA subsidies provided by the recently enacted American Rescue Plan Act (the “ARP”), which employers may find useful in administering...more

OSHA COVID-19 Reporting Guidelines Require Reporting Of COVID-19 Fatalities (But Rarely Hospitalizations)

We have discussed how employers are obligated to record COVID-19 cases that they have determined are work-related and are confirmed COVID-19 cases, but what happens when an employee who has contracted COVID-19 has to go to a...more

It's Hard To Be Positive: When Is A “Confirmed Case” Confirmed Under OSHA’s COVID-19 Reporting Standards?

As employers re-open workplaces, the use of rapid COVID-19 testing has proliferated. But if an employer learns of a positive result, is it required to report that result on its workplace injury logs? The answer isn’t so...more

Reimbursing Business Expenses For A Remote Workforce

Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home,...more

Employees Have Used Up Their FFCRA Child Care Leave, But School’s Not Reopening. Now What?

After months of closure, schools and day care facilities remain closed in many locations, and parents may need to remain home with young children as a result. For parents who work for employers with fewer than 500 employees...more

Did Virginia Just Start A Workplace Safety Trend That Will Spread To 21 Other States?

Virginia, as one of 22 states with a federally approved Occupational Safety and Health Administration (“OSHA”) state plan (a workplace safety and health program operated by the individual state which is approved and monitored...more

Is Everyone Who Had COVID-19 Now Disabled Under The ADA?

There are still many unknowns when it comes to the long-term health impacts of COVID-19 infections. Although medical studies on these impacts are ongoing, preliminary research indicates that COVID-19 infections may...more

EEOC Leans On CDC To Reject Antibody Testing In Employer Return-To-Work Programs

In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least...more

What If Employees On Unemployment Don’t Want To Return To Work?

After over a month of furloughing, you are ready to call your furloughed employees back to work, only to be surprised by employees who tell you, “I won’t come back right now, unemployment is too good.” In ordinary times that...more

What Does It Mean When The Whole World Just Learned About How Important Supply Chains Are?

Until recently, most consumers have given little thought to the supply chains that bring groceries to grocery store shelves. However, in the face of ongoing COVID-19 disruptions, anyone who has made a grocery run for things...more

How To Ask About COVID-19: Privacy Considerations

The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to...more

COVID-19 Places Company Information At Risk

An increasing number of employers have made their workforces remote in response to the developing COVID-19 situation. For many of these employers (and their workforces), this is the first time they have had cause to look...more

Coronavirus Health & Safety Guidance: OSHA Gives New Direction To Employers

This week, OSHA released new guidance for employers, giving recommendations on how to reduce worker exposure to coronavirus in the face of the COVID-19 situation – a situation that the World Health Organization has now...more

A Coronavirus Readiness Checklist For The Workplace

Although the risk of exposure to the Coronavirus (or “Covid-19”) within most U.S. workplaces is uncertain, employers should nonetheless evaluate their emergency preparedness plans in response to the potential threat. While we...more

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