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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

[Webinar] Navigating the Election Impact: What Employers Should Expect and How to Plan for the New Administration - December 17th,...

In this program, a panel of Vinson & Elkins’ Labor & Employment attorneys discuss potential changes to workplace laws that employers may expect to see under the Biden administration, including requirements related to labor,...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

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

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

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

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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