News & Analysis as of

Americans with Disabilities Act (ADA) Public Health Coronavirus/COVID-19

Proskauer - Law and the Workplace

COVID-19 and the Workplace: Where Do We Stand?

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency.  However, the rollback of COVID-19 requirements was already underway in many state and municipal...more

Sherman & Howard L.L.C.

COVID-19 Tests Require Business Necessity, EEOC Says

The Equal Employment Opportunity Commission (“EEOC”) has shifted its position on required employee COVID-19 testing. Employers will now have to justify the requirement before enforcing such testing on its workforce....more

ArentFox Schiff

Administrative Law Takeaways from the Federal Travel Mask Mandate Decision

ArentFox Schiff on

The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set...more

Tonkon Torp LLP

The State of Masking Requirements in Oregon

Tonkon Torp LLP on

In a shifting landscape of federal and state rules, mandates, and legal challenges to them, Oregon employers may be wondering whether face masks and related requirements are still in effect. Until at least February 2022,...more

Miller Canfield

Illinois Limits Religious Objections to COVID Prevention Measures

Miller Canfield on

Late on October 28, 2021, the Illinois legislature took steps to severely limit challenges to COVID-19 prevention measures. The legislature amended the Illinois Health Care Right of Conscience Act, 745 ILCS 70/1 et seq. (the...more

Bricker Graydon LLP

More federal courts dismiss legal challenges to hospital vaccine mandates

Bricker Graydon LLP on

In early September 2021, a group of current and former employees of St. Elizabeth Medical Center in Kentucky filed suit challenging St. Elizabeth’s vaccine mandate for its employees. In the case of Beckerich v. St. Elizabeth...more

Littler

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report — Legislative Day 34

There was green aplenty under the Gold Dome today, but the pot of gold at the end of the rainbow remains to be seen as Senate budget writers still deliberate the final touches on their version of the FY 2022 Budget. The House...more

K&L Gates LLP

Employment Law Developments that will Impact the Health Care Industry in 2021

K&L Gates LLP on

The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory...more

Morgan Lewis

Vaccine Development and Distribution: Legal Considerations for US Healthcare Providers and Other Employers

Morgan Lewis on

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

Bilzin Sumberg

Considerations for Employers Considering "Mandatory" Vaccination Policies

Bilzin Sumberg on

A vexing question for many businesses is whether to make COVID-19 vaccinations mandatory for employees once those vaccinations become more widely available. Though the health and safety benefits of such a policy may seem...more

Tonkon Torp LLP

A Far-Flung Workforce Is The Post-COVID New Normal

Tonkon Torp LLP on

In less than a year, COVID-19 changed nearly everything across the globe. And one of its major impacts was the definition of workplace. In March, the coronavirus pandemic sent U.S. employers scrambling to keep their...more

Verrill

What Does the COVID-19 Vaccine Mean for My Business?

Verrill on

With the first inoculations of the COVID-19 vaccine making headlines over the past few weeks, employers are starting to plan for the impact this will have on their businesses. The development of a vaccine inspires hope that a...more

Cozen O'Connor

Top 5 Takeaways From The EEOC COVID-19 Vaccine Guidance

Cozen O'Connor on

As the new year rolls in, the COVID-19 vaccine is on everyone’s mind. The Pfizer vaccine has officially been distributed throughout the United States (albeit through a more limited Emergency Use Authorization process) and...more

Benesch

Can Employers Mandate the COVID-19 Vaccine? (Updated to incorporate EEOC guidance)

Benesch on

Since this article was originally published, the EEOC issued guidance on December 16, 2020 specific to the use of the COVID-19 vaccine in the workplace. The EEOC’s guidance was consistent with our original article. However,...more

Butler Snow LLP

EEOC Guidance on Mandatory COVID-19 Vaccine Policies

Butler Snow LLP on

As the first trucks of COVID-19 vaccines start their way around the United States, many employers are eager to return to work. The first reaction many employers have to news of FDA approvals for COVID-19 vaccines is whether...more

Seyfarth Shaw LLP

Required Read For All Employers: The EEOC Issues Guidance On The Interplay Of Workplace Bias Laws And COVID-19 Vaccinations

Seyfarth Shaw LLP on

Seyfarth Synopsis:  On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued guidance for employers on the interplay of workplace bias laws and COVID-19 vaccinations. ...more

Jackson Lewis P.C.

New Virginia Executive Order Expands Face Covering Requirements, Restricts Gatherings

Jackson Lewis P.C. on

Virginia Governor Ralph Northam has issued Executive Order Number Seventy-Two, expanding face covering requirements, reducing allowable social gatherings, and directing Virginians to remain at home after midnight...more

Mintz - Employment Viewpoints

Employer Vaccine Practices May Spur Bias, Consumer Claims

The deployment of a safe, effective vaccine for COVID-19 is eagerly anticipated to combat the pandemic. It may be a mistake, however, for employers to assume the vaccine will create a COVID-19-safe working environment that...more

Seyfarth Shaw LLP

New Jersey Implements New COVID-19 Precautions for All Employers and Updated Guidance on Indoor and Outdoor Gatherings

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Governor Murphy has signed Executive Order 192 which (1) requires all employers to take precise precautions to protect their workforces during the COVID-19 pandemic, and (2) creates a streamlined reporting...more

Bond Schoeneck & King PLLC

COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

Amundsen Davis LLC

Can You Ask Employees Medical Questions During A Pandemic? The EEOC’s Guidance On Complying With The ADA During COVID-19

Amundsen Davis LLC on

As COVID-19 rates are rising throughout the country, employers may want to review the safety measures they are taking to prevent spreading the coronavirus in the workplace. The U.S. Equal Employment Opportunity Commission...more

Akerman LLP - HR Defense

COVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure

Akerman LLP - HR Defense on

The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on...more

Bricker Graydon LLP

EEOC elaborates on ADA compliance: COVID-19 and the return to work effort

Bricker Graydon LLP on

On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) published updated guidance on complying with the Americans with Disabilities Act (ADA) amidst the return to work effort during the COVID-19 pandemic....more

Constangy, Brooks, Smith & Prophete, LLP

OSHA Nudges Employers Toward Requiring Masks For COVID-19

The Occupational Safety and Health Administration recently added to its COVID-19 Frequently Asked Questions a recommendation that employers “encourage” their workers to wear face coverings. Previously, OSHA had stopped short...more

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