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Update to EEOC's Position on Mandatory COVID testing

On July 12, 2022, the Equal Employment Opportunity Commission ("EEOC") updated its guidance regarding COVID-19 workplace viral screening testing.  The EEOC's original position on COVID-19 workplace viral screening testing...more

Split Decision: SCOTUS Stays OSHA ETS, While Upholding CMS Vaccine Mandate

On January 13, 2022, in a 6-3 per curiam opinion in NFIB v. OSHA­, the United States Supreme Court ordered the OSHA ETS be stayed pending disposition of the matter at the Sixth Circuit Court of Appeals.   Large Employer...more

Show Me The Money! Wage and Hour Requirements Applied to COVID-19 Testing Time

Recently, several of our clients have asked us whether they are required to compensate their employees for time spent going for the COVID-19 test. Fortunately, the United States Department of Labor ("USDOL") has issued...more

Biden Administration To Require COVID-19 Vaccinations for Large Employers

President Biden directed the United States Department of Labor's Occupational Safety and Health Administration ("OSHA") to issue an Emergency Temporary Standard ("ETS") requiring that all employers with more than 100 (100+)...more

The Carrot, Not the Stick: May Employers Legally Offer Employees Incentives To Get Vaccinated?

Last month, the Department of Health and Human Services – Centers for Disease Control and Prevention ("CDC") updated its COVID-19 guidance for fully vaccinated individuals.  The updated guidance provided that fully...more

How to Maintain a Positive Company Culture During COVID-19

Culture eats strategy for breakfast, or so we've been told by Mr. Drucker and others. Coincidentally, I wholeheartedly agree. So, how does leadership maintain, let alone improve, its company culture in the face of the...more

Employers Ask, "How Do I Get My Workers Back to the Workplace?"

More than half of the states have started to lift restrictions to re-open businesses or have similar plans to re-open in the next few weeks. This mass re-opening, coupled with the fact that some employees at home are...more

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