On April 15, the EEOC issued its final regulations interpreting the Pregnant Workers Fairness Act, a law that became effective on June 27, 2023. The regulations will take effect on June 18, 2024....more
The US Supreme Court ruled on April 17 that any “disadvantageous” change in the “terms and conditions” of employment that is based on race, gender, or another protected characteristic is actionable under Title VII, even if...more
Last week, three federal courts issued significant decisions impacting the diversity, equity, and inclusion (DEI) legal landscape. Together, the cases demonstrate the rapidly evolving state of the law with respect to DEI....more
President Biden signed into law a House bill on April 10 that immediately ended the COVID-19 presidential declaration of national emergency established in March 2020. The COVID-19 federal public health emergency—a separate...more
The US Congress passed the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) on December 23, 2022, as part of the omnibus spending bill for FY2023. President...more
The New York City Department of Consumer and Worker Protection recently published proposed rules providing guidance on the artificial intelligence law enacted in December 2021 that prohibits employers from using automated...more
As US federal and local governments have declared monkeypox to be a public health emergency, employers attuned to responding to the COVID-19 pandemic may be left wondering what protocols to implement before and after a...more
While state and local governments and local health authorities can continue to require individuals and businesses to maintain stricter standards than the CDC’s recently updated guidance, the changes reflect the CDC’s current...more
The US Equal Employment Opportunity Commission updated its guidance on employer COVID-19 testing programs on July 12. The update reinforces that the evolving circumstances of the COVID-19 pandemic require an individualized...more
Governor Ron DeSantis signed the Stop WOKE Act (Florida HB7)—which prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion training—into law on April 22....more
The Stop WOKE Act prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion (DEI) training. The bill was recently passed by the Florida House and Senate; Governor Ron...more
The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational...more
12/21/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
Infectious Diseases ,
OSH Act ,
OSHA ,
Vaccinations ,
Workplace Safety
A federal judge in Georgia issued a preliminary injunction prohibiting the federal government from enforcing its COVID-19 vaccine mandate for federal contractors and subcontractors nationwide. This decision follows a November...more
New York City Mayor Bill de Blasio announced on December 6 that employees (1) not previously covered under the existing “Key to NYC” vaccination requirements and (2) who perform in-person work for private businesses in the...more
The fate of the Occupational Safety and Health Administration’s landmark Emergency Temporary Standard on COVID-19 vaccination is in the hands of the Sixth Circuit—for now. In this LawFlash, we walk businesses through the...more
National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health...more
11/16/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Paid Time Off (PTO) ,
Vaccinations ,
Workplace Safety
The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to...more
The US Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance, detailing its view of employer obligations under Title VII when evaluating religious objections to COVID-19 vaccination mandates....more
10/27/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Pregnancy Discrimination Act (PDA) ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Safer Federal Workforce Task Force issued guidance on September 24 detailing the requirements that covered federal contractors and subcontractors must follow to comply with Executive Order 14042, “Ensuring Adequate COVID...more
President Joseph Biden on September 9 announced his new Path Out of the Pandemic: President Biden’s COVID-19 Action Plan, which describes the president’s six-pronged strategy to fight the pandemic. This sweeping action plan...more
The US Equal Employment Opportunity Commission (EEOC) released a long-awaited update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other federal...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
New York Gov. Andrew Cuomo, New Jersey Gov. Phil Murphy, and Connecticut Gov. Ned Lamont jointly announced on May 3 a significant easing of the remaining capacity restrictions on business operations related to the COVID-19...more
5/7/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Public Gatherings ,
Re-Opening Guidelines ,
Seating ,
State and Local Government ,
Workplace Safety
The Centers for Disease Control and Prevention (CDC) has been actively reviewing its COVID-19 guidance over the past few weeks and as expected, the new administration has issued significant new guidance and updates. ...more
As the United States races to deliver safe and effective coronavirus (COVID-19) vaccines under the Biden administration, employers, healthcare providers, and many others are assessing what it means for their industries and...more
2/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Life Sciences ,
Pharmaceutical Industry ,
Public Health ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety