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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
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
On August 2, 2022, the New York State Department of Health (the “Department”) issued revised guidance regarding daily health screenings and related policies for home care staff. Specifically, the new guidance reduces the...more
On August 11, 2022, the Centers for Disease Control and Prevention issued a new Summary of Guidance for Minimizing the Impact of COVID-19 on Individual Persons, Communities, and Health Care Systems. Observing that increasing...more
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
COVID-19 is here to stay – it’s a matter of learning to live with it. As employers learn to operate with the reality of COVID in the workplace, the EEOC has updated its guidance on when employers can and cannot implement...more
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
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
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
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
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
In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more
With all states now past the Phase 2 deadline established by the Centers for Medicare and Medicaid Services (“CMS”) with respect to the vaccine mandate for staff of Medicare and Medicaid certified health facilities, the...more
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
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
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
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
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
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
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
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