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
In response to the ongoing Omicron wave of COVID-19 cases, the Centers for Disease Control and Prevention just updated its guidance to reduce, in most instances, both the length of time an individual must isolate after...more
12/29/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Masks ,
New Guidance ,
Occupational Exposure ,
OSHA ,
Quarantine ,
Sick Employees ,
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
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
The Department of Labor just took the next step in advancing President Biden’s vaccine mandate-or-test emergency rule, sending the Emergency Temporary Standard to the White House’s regulatory office late yesterday. Coming on...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
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
As the COVID-19 pandemic (mercifully) starts to retreat, many states have begun rolling back face-covering mandates, which often relieve employers of the obligation to require masks for employees and visitors in the...more
5/10/2021
/ Centers for Disease Control and Prevention (CDC) ,
Citations ,
Coronavirus/COVID-19 ,
General Duty Clause ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Safety Inspections ,
Workplace Safety
The COVID-19 pandemic has created many unique workplace safety issues for employers. One of the most challenging developments has been whether an employee’s COVID-19 case should go on your OSHA 300 logs pursuant to the...more
A recent move by the federal workplace safety watchdog agency means that you should prepare for more COVID-19-related OSHA inspections this spring and summer. On March 12, the Occupational Safety and Health Administration...more
The National Football League recently concluded its 2020 season with the Tampa Bay Buccaneers claiming a 31-9 victory over the Kansas City Chiefs in Super Bowl LV – but perhaps the bigger story is the league claiming victory...more
As predicted following Joe Biden’s election as President of the United States, the new administration announced last week that it has directed the federal Occupational Safety and Health Administration (OSHA) to consider...more
1/27/2021
/ Coronavirus/COVID-19 ,
Employee Training ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Notification Requirements ,
OSHA ,
Personal Protective Equipment ,
Reporting Requirements ,
Risk Assessment ,
Workplace Hazards ,
Workplace Safety
The Department of Labor has just published its increases to the maximum civil penalties that can be assessed against employers by the U.S. Occupational Safety and Health Administration (OSHA). The increases are based on...more
The CDC recently adopted a recommendation from an advisory committee that healthcare workers should be the first in line to get COVID-19 vaccine shots after they receive approval from the Food and Drug Administration (FDA)....more
The Centers for Disease Control and Prevention just issued new guidance stating that coronavirus quarantines may be shortened to seven or 10 days under certain circumstances, down from the 14 days currently recommended,...more
COVID-19 won this past college football Saturday. The Southeastern Conference (SEC) football schedule for November 14 originally included seven games. Only three were played, none of which included ranked teams No. 1 Alabama,...more
11/16/2020
/ Centers for Disease Control and Prevention (CDC) ,
College Athletes ,
Colleges ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Football ,
Health and Safety ,
Infectious Diseases ,
Quarantine ,
Sick Employees ,
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
New COVID-19 contract tracing procedures released by the federal government yesterday have expanded the category of individuals who are deemed to be in close contact with each other – and will complicate the already difficult...more
President Donald Trump’s recent hospitalization at the Walter Reed Medical Center has captured the American public’s attention, especially given the potential implications with the election less than a month away. But for...more
10/12/2020
/ Contact Tracing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Enforcement Guidance ,
Evidence ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Workplace Illness and Injury Reporting ,
Workplace Investigations ,
Workplace Safety
The COVID-19 pandemic has brought more workplace law challenges over the past six months or so than many employers will see in a lifetime. From changing directives on wearing masks, determining what to do when an employee is...more
9/29/2020
/ Coronavirus/COVID-19 ,
Health and Safety ,
Infectious Diseases ,
Influenza ,
Policies and Procedures ,
Quarantine ,
Risk Mitigation ,
Sick Employees ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety