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“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?

Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more

No More Masks on Public Transportation (For Now) – Is Government Regulation of COVID-19 Ending?

Following a federal judge’s ruling last week, striking down the Centers for Disease Control and Prevention’s (CDC’s) mask mandate in airports and other public transportation settings nationwide, the agency’s ability to impose...more

Union Employers: Be Aware of Bargaining Obligations under OSHA’s Mandatory Vaccine Rule

While OSHA’s mandatory vaccine rule remains in legal limbo, the general counsel of the National Labor Relations Board (NLRB) issued a memo on November 10th, outlining bargaining obligations for employers with unionized...more

What Does the New CDC Guidance on Masks Mean for Employers?

According to new guidance issued by the Centers for Disease Control and Prevention (CDC) on Thursday, May 13, individuals who are fully-vaccinated for COVID-19 are no longer required to wear a mask or practice social...more

Coming Soon - OSHA’s COVID-19 Rule

OSHA’s long-awaited emergency temporary standard on COVID-19 is one step closer to taking effect. According to news reports, the Department of Labor submitted the rule to the White House’s Office of Management and Budget for...more

Lessons Learned: OSHA Advises Employers on Most Common Violations in COVID-19 Inspections

The Occupational Safety and Health Administration (OSHA) tweeted last week that it has cited more than 200 employers for coronavirus-related violations, with penalties totaling nearly $3 million. Amidst this wave of...more

Wisconsin Employers Must Act Before August 15 to Secure Unemployment Insurance Account Credit Benefits

Wisconsin employers with layoffs due to the COVID-19 pandemic must act before August 15th if they want to take advantage of Wisconsin law intended to afford a reduction of employer charges associated with their UI Account....more

State Workers’ Compensation Systems Deal with COVID-19 Claims

A number of states, including California (by executive order on May 6, 2020), have made it easier for essential workers who contract COVID-19 to obtain workers’ compensation benefits by creating a rebuttable presumption that...more

OSHA Issues Enforcement Guidance on Conducting COVID-19 Inspections and Announces Flexibility on Completing Annual Safety...

More than 3,000 workers have filed complaints with OSHA since January 2020, alleging concerns over potential exposure to COVID-19, according to Freedom of Information Act records analyzed by the Washington Post. In the...more

OSHA Issues Interim Guidance Regarding Coronavirus Recordkeeping Obligations

On April 10, 2020, the Occupational Safety and Health Administration (OSHA) issued interim guidance regarding enforcement of employers’ obligation to record employees’ COVID-19 cases. The guidance recognizes that determining...more

OSHA Guidance Allows Alternatives in Light of N95 Shortage Due to Coronavirus

On April 3, 2020, OSHA issued enforcement guidance that temporarily permits the extended and re-use of respirators as well as other alternatives, and clarifies when respirators, including N95 masks, may continue to be used...more

OSHA Guidance on Respirator Fit-Testing in Health Care During COVID-19 Outbreak

On March 14, 2020, OSHA issued guidance for health care employers, which (1) temporarily waives the annual (not initial) fit-testing requirement for respirators, and (2) recommends discontinuing “quantitative” fit testing and...more

Managing the Commercial Impact of the Coronavirus: OSHA Provides Guidance Regarding Coronavirus Preparation and Response

As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more

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