When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
College Admissions ,
Colleges ,
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It was March 11, 2020 – three years ago – that a series of earth-shattering events occurred over the course of a few hours that would forever change the nature of the workplace. Most of us remember exactly where we were on...more
As we enter the new year, and the fourth year of the pandemic, the COVID-19 virus continues to mutate. Two new Omicron subvariants, known as XBB and XBB.1.5 – unofficially nicknamed “Kraken” by some scientists – have emerged...more
1/11/2023
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Sick Employees ,
Social Distancing ,
Virus Testing ,
Workplace Safety
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
With the uptick in the COVID-19 positivity rate due to the emerging dominance of the BA.5 variant – thought to be the most transmissible yet – beleaguered employers once again find themselves in the position of confronting...more
Federal workplace safety officials just announced an extension of its COVID-19 National Emphasis Program (NEP) that focuses its inspection targeting efforts on hospital and skilled nursing care facilities that treat or handle...more
After the news yesterday that a federal court judge struck down the CDC’s mask mandate for airplanes, mass transportation, and transit hubs, many employers immediately wondered what it might mean for their business. Though...more
4/19/2022
/ Airlines ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Masks ,
Public Health ,
Transportation Industry ,
Traveling Employee ,
Workplace Safety
As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more
Indiana just joined a growing number of states that have rescinded their COVID-19 states of emergency while also enacting new pandemic-related legislation – but employers shouldn’t completely let down their guard just yet....more
3/10/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Governor Holcomb ,
Infectious Diseases ,
Public Health ,
Public Health Emergency ,
State of Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
1/26/2022
/ Bitcoin ,
Blockchain ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Incentives ,
Infectious Diseases ,
Non-Fungible Tokens (NFTs) ,
OSHA ,
Tax Liability ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases yesterday morning despite having announced a special decision day that led most Court observers to think that yesterday...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3...more
Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more
1/3/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Oral Argument ,
OSHA ,
Popular ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In one of the more shocking developments in a year full of surprises, a federal appeals court breathed new life into the Biden administration’s mandate-or-test emergency vaccine rule with a stunning Friday afternoon decision....more
Employers may feel confused about the status of the lawsuits that blocked the OSHA Vaccine mandate-or-test ETS from going into effect as originally planned. Not only do you feel stuck in a litigation limbo, but you can’t make...more
Not 24 hours after a Missouri federal court temporarily blocked the Centers for Medicaid and Medicare Services (CMS) from enforcing its COVID-19 vaccine mandate in 10 states, a Louisiana federal court took one giant step...more
In a terse 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its preliminary stay that blocked the mandate-or-test Emergency Temporary Standard (ETS) late Friday, further complicating the status of...more
Citing potential “grave statutory and constitutional issues” with the mandate-or-test emergency vaccine rule unveiled by OSHA on Thursday, a federal appeals court just issued an order blocking the ETS from taking effect on a...more
Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more
11/5/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Healthcare Workers ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Remote Working ,
Reporting Requirements ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Illness and Injury Reporting ,
Workplace Safety
With many current COVID-19 safety protocols dependent on vaccination status, verification and vaccine mandates continue to raise unique confidentiality and privacy considerations for employers. Here are some important points...more
As part of his administration’s plan to combat the COVID-19 pandemic, President Joe Biden recently announced a “six-pronged, comprehensive national strategy” to use every tool at his disposal to enforce vaccine and testing...more
Coming on the heels of Kentucky’s record-high number of COVID-19 infections, dozens of employees of St. Elizabeth Healthcare just filed a lawsuit in the U.S. District Court in Covington against the hospital in response to its...more
In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced Thursday that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more...more
The Indiana State Department of Health (ISDH) recently updated its COVID-19 control measures in response to the resurgence of positive cases across the state, and all employers regardless of industry will be expected to take...more
9/10/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Day Care ,
Educational Institutions ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Long Term Care Facilities ,
Pre-Schools ,
Private Schools ,
Public Schools ,
Quarantine ,
Sick Employees ,
Universities ,
Vaccinations ,
Virus Testing ,
Workplace Safety