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
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
Indiana just joined a growing number of states that have rescinded their COVID-19 states of emergency while also enacting new pandemic-related legislation – but employers shouldn’t completely let down their guard just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
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 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
President Biden just announced a directive to the Department of Health and Human Services to require nursing homes mandate the COVID-19 vaccine of all employees or lose Medicare and Medicaid funding. Responding to the...more
Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more
6/14/2021
/ Anti-Retaliation Provisions ,
Assisted Living Facilities (ALFs) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
First Responders ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Home Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
New Rules ,
Nursing Homes ,
OSHA ,
Physicians ,
Recordkeeping Requirements ,
Reporting Requirements ,
Sick Employees ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Responding to a huge looming question for employers, the Occupational Safety and Health Administration (OSHA) just issued an announcement referring businesses to the CDC’s new guidance advising that fully vaccinated people no...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
The announcement yesterday from the CDC that fully vaccinated people no longer need to wear a mask or physically distance in any non-healthcare setting was a welcome relief for all Americans and a hopeful sign that we have...more
Almost a year after issuing strict COVID-19 restrictions on businesses, including some tighter industry-specific requirements, Kentucky Governor Andy Beshear just issued new Minimum Requirements for All Entities to ease up on...more
While many might be celebrating the first set of public health recommendations that permit relaxed safety standards for fully vaccinated people, employers should not be automatically changing their current safety practices as...more
President Biden wants to “help ensure unemployed Americans no longer have to choose between paying the bills and keeping themselves and their families safe from COVID-19.” Specifically, he has instructed the U.S. Department...more
3/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Health and Safety ,
Infectious Diseases ,
Job Applicants ,
Unemployment ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unemployment Insurance ,
Workplace Safety
At the beginning of its 2021 legislative session, the Indiana General Assembly vowed to fast track a bill to provide civil tort immunity to businesses for damages arising on their premises from COVID-19. On February 15, less...more
Since the COVID-19 pandemic began, the Centers for Disease Control and Prevention (CDC) has recommended the use of a face mask to help stop the spread of the virus. State and local governments followed suit, in some cases...more
Employers now have clarification that they will be able mandate the COVID-19 vaccine among their workers in certain circumstances without running afoul of key federal anti-discrimination laws, according to updated guidance...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Use Authorization (EUA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Interactive Process ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
In an attempt to curb the rapid community spread of COVID-19 in the Commonwealth, Kentucky Governor Andy Beshear just issued new restrictions, effective November 20, that will impact employers across the state. While the...more
In late September, Indiana Governor Holcomb announced that Indiana could move to Stage 5 of his “Back On Track” COVID-19 plan, which allowed businesses to reopen and operate under a few restrictive measures. Since that time,...more
11/16/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Executive Orders ,
Governor Holcomb ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Gatherings ,
Public Health ,
Quarantine ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
Virus Testing ,
Workplace Safety
Media outlets announced Saturday that Joe Biden will become the 46th president of the United States. If the legal challenges to the election result fail and he is inaugurated in January, President-Elect Biden can begin taking...more
11/10/2020
/ Anti-Retaliation Provisions ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Citations ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Safety Inspections ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
The U.S. Occupational Safety and Health Administration (OSHA) just published its newest series of answers to its COVID-19 Frequently Asked Questions (FAQs) addressing when an employer must report to OSHA an employee’s...more
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more
8/21/2020
/ Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Charitable Donations ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Data Privacy ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Force Majeure Clause ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health and Safety ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Highly-Skilled Workers Visa ,
HIPAA Privacy Rule ,
Hiring & Firing ,
Hurricane Season ,
Infectious Diseases ,
Labor Relations ,
Medical Leave ,
Military Leave ,
Military Service Members ,
Natural Disasters ,
NLRB ,
OSHA ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers ,
State Labor Laws ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unions ,
USCIS ,
USERRA ,
Visa Applications ,
Visas ,
Volunteers ,
Wage and Hour ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Because COVID-19 continues to spread at a rapid rate throughout the country, with positivity rates hovering between 7% and 8% in Indiana, Governor Eric Holcomb recently announced he will sign an executive order requiring face...more
As an increasing number of businesses begin to require face coverings in their facilities – whether as a result of a local legal mandate or in the interest of public safety – there has been a corresponding increase in the...more
Because COVID-19 continues to spread at a rapid rate throughout the country, with Kentucky being no exception, Governor Andy Beshear announced that masks or face coverings would be required starting Friday, July 10, 2020 at...more
Noting that outbreaks at food processing facilities and other high-density critical infrastructure businesses have raised unique questions that require additional guidance, the Centers for Disease Control and Prevention (CDC)...more