News & Analysis as of

Screening Procedures Virus Testing

Burr & Forman

New CDC COVID-19 Test Requirement for Air Passengers from China, Hong Kong, and Macau

Burr & Forman on

In implementing its first new COVID-19 travel restriction in months, the U.S. Centers for Disease Control and Prevention (CDC) recently issued guidance requiring all persons traveling from mainland China, Hong Kong, and...more

Fox Rothschild LLP

The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace

Fox Rothschild LLP on

I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike. On that note, I just read an interesting post in the Seyfarth...more

Sheppard Mullin Richter & Hampton LLP

Ring in the New Year With a Refresher on California's COVID-19 Regulations and Laws

As the end of the year draws near, it is important for employers in California to remember there are multiple COVID-19 regulations and laws that will still apply to the workplace in 2023. The Division of Occupational Safety...more

Seyfarth Shaw LLP

Courts Begin Ruling on Compensability of Covid-19 Screening Time

Seyfarth Shaw LLP on

Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic. One such way the workplace changed is through the introduction of COVID-19 screening tests for...more

Franczek P.C.

State’s COVID-19 Testing Requirement for Unvaccinated School Personnel Has Ended

Franczek P.C. on

Since September 2021, Governor J.B. Pritzker has required via executive order that unvaccinated school personnel undergo weekly testing for COVID-19 in order to continue working in a school.  As of today, that requirement has...more

Whitman Legal Solutions, LLC

EEOC Updates Guidance for Workplace Screening for COVID-19

Types of COVID-19 Testing - The Center for Disease Control and Prevention (CDC) describes two primary categories of COVID-19 tests – viral or antigen tests and antibody (serology) tests. It’s important to understand the...more

Robinson+Cole Environmental Law +

The EEOC Releases New COVID-19 Guidance – What Employers Should Know

Over the last two years, employers have followed the evolving laws and guidance issued by federal, state, and local governments and public health authorities. On July 12, 2022, the Equal Employment Opportunity Commission...more

Bass, Berry & Sims PLC

EEOC’s Updated Guidance on COVID-19 Testing in the Workplace

Bass, Berry & Sims PLC on

On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work...more

Polsinelli

EEOC Revises COVID-19 Testing Guidance for Employers

Polsinelli on

On July 12, 2022, the EEOC revised its informal guidance regarding COVID-19 and related matters in the workplace. In doing so, the EEOC made several revisions concerning employer testing protocols, items to consider for...more

Akerman LLP - HR Defense

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the...more

Pullman & Comley - Labor, Employment and...

EEOC Places Further Limits on When an Employer May Require an Employee to Undergo Testing for COVID-19

On July 12, 2022, the federal Equal Employment Opportunity Commission (EEOC) quietly updated its Q&A instructing employers as to when they may require an employee to undergo COVID-19 viral testing (i.e., a test, such as an...more

Steptoe & Johnson PLLC

EEOC Reinforces the ‘Business Necessity’ Test for On-Site COVID-19 Screenings

Steptoe & Johnson PLLC on

At the start of the COVID-19 pandemic, many employers relied heavily on the constantly changing guidance from the Equal Employment Opportunity Commission (EEOC) in its Technical Assistance Questions and Answers relating to...more

Littler

EEOC Updates COVID-19 Guidance, Potentially Limiting Employers’ Ability to Screen Employees for COVID-19

Littler on

On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety.  The agency’s update...more

Verrill

Double Check: COVID-19 Policy

Verrill on

While in March of 2020, I believe many individuals hoped that by July of 2022 we would no longer be concerned with COVID-19 Policies, such, unfortunately, is not the case. Yesterday, the EEOC updated its long-standing...more

Littler

Canada: Pre-entry COVID-19 Testing Will Soon Not Be Required for Fully Vaccinated Travellers

Littler on

Fully Vaccinated Travellers - On March 17, 2022, Canada announced that, effective April 1, 2022, fully vaccinated travellers will no longer be required to provide a pre-entry COVID-19 test result to enter Canada....more

Burns & Levinson LLP

Return-to-Office Vaccine Requirements and HIPAA Compliance

Burns & Levinson LLP on

Nearly two years since many professionals gathered in-person and on-site, the prospect of return-to-office en mass is picking up pace....more

FordHarrison

DOL Issues Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations

FordHarrison on

Note: On January 24, 2022, the DOL removed Fact Sheet #84 from its website. For more information please see our follow-up Alert.  The U.S. Department of Labor (DOL) has issued Fact Sheet #84 addressing the compensability...more

FordHarrison

UPDATE: Withdrawal of DOL Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and...

FordHarrison on

The U.S. Department of Labor (DOL) on January 24, 2022 removed, without explanation, from its website Fact Sheet #84 addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations...more

Littler

This Won’t Hurt a Bit: Employee Temperature and Health Screenings – A List of Statewide Orders (UPDATED)

Littler on

Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19. Some jurisdictions require employers to screen the health of employees, often as they begin...more

McDermott Will & Emery

„Online-Selbsttests“ sind kein zulässiger 3G-Nachweis

McDermott Will & Emery on

Nachdem nun auf Grundlage des IfSG bundesweit eine „3G-Pflicht“ für Betriebe und ihre Mitarbeiter gilt, taucht vermehrt die Frage auf, inwieweit Mitarbeit den erforderlichen Nachweis mit sog. „Online-Selbsttests“ erbringen...more

Foley & Lardner LLP

New California Law Requires Health Plans and Insurers to Cover COVID-19 Screening Tests and Preventative Treatments with No Cost...

Foley & Lardner LLP on

On October 8th, 2021, the Governor of California, Gavin Newsom, signed into law Senate Bill No. 510, which requires health care service plan contracts and disability insurance policies that provide coverage for hospital,...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

Akerman LLP - HR Defense on

Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

CDF Labor Law LLP

Cal-OSHA Issues A New Set Of Proposed Revisions To The ETS

CDF Labor Law LLP on

Last week, on October 20, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued proposed revisions to the Emergency Temporary Standards (“ETS”).  If approved, the revisions would be in place from January...more

Proskauer - Law and the Workplace

Do We Have to Pay for That?  Part 1—COVID-19 Vaccination, Testing, and Screening Activities

In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but...more

Franczek P.C.

ISBE and IDPH Update COVID-19 School Guidance

Franczek P.C. on

New Guidance Documents: - The Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) recently issued the following updated guidance documents related to return to in-person instruction...more

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