On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more
On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees to be fully vaccinated against...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 4, 2021, OSHA released an “unpublished” version of its new Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees get fully vaccinated against COVID-19 or be...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
On June 10, 2021, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) announced “an emergency temporary standard to protect healthcare workers from contracting coronavirus.” The standard...more
Quick Hit: Maryland has joined Virginia and New York in enacting a COVID-19 workplace safety law (HB 581), the Maryland Essential Workers’ Protection Act (the “EWPA” or the “Act”). The law imposes workplace requirements on...more
As we previously reported, on January 21, 2021, President Biden issued an executive order aimed at increasing COVID-19 workplace safety measures at the federal level. In response to President Biden’s directive, OSHA announced...more
As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. In response to that directive, OSHA issued what the...more
Quick Hit -
As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules via an emergency temporary standard (“ETS”) executed on July 15, 2020. The temporary standard...more
Quick Hit -
On January 21, 2021, President Biden signed an executive order aimed at increasing COVID-19 workplace safety measures at the federal level. As a result, employers should expect new OSHA guidance within the...more
As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15,...more
7/29/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Fines ,
Infectious Diseases ,
Occupational Exposure ,
Personal Protective Equipment ,
Public Health Emergency ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
State Health Departments ,
State Labor Laws ,
Virginia ,
Whistleblower Protection Policies ,
Workplace Safety
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has now issued its second set of coronavirus-related citations, this time against an Ohio health-care company. OSHA inspected three of the...more
7/25/2020
/ Citations ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Health Care Providers ,
Labor Law Violations ,
Long Term Care Facilities ,
Nursing Homes ,
OSHA ,
Personal Protective Equipment ,
Repeat Violations ,
Sick Employees ,
Skilled Nursing Facility ,
Workplace Safety
Quick Hit -
Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020 by a 9-2...more
7/20/2020
/ Administrative Fines ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Governor Northam ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
Public Health Emergency ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
State Labor Laws ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) published additional frequently asked questions regarding returning to the workplace during the COVID-19 pandemic on Thursday. We reported on OSHA’s earlier posted FAQs...more
7/9/2020
/ Construction Industry ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Healthcare Workers ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Return-to-Work Agreements ,
Sick Employees ,
Virus Testing ,
Workplace Safety
On June 18, OSHA issued non-binding guidance to help employers safely reopen non-essential businesses and facilitate their employees’ return to work during the COVID-19 pandemic. The guidance focuses on employers implementing...more
7/2/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
Amid growing criticism of the agency’s response to the COVID-19 pandemic, OSHA’s Principal Deputy Assistant Secretary, Loren E. Sweatt (“Sweatt”), testified before the House Education and Labor Committee’s Workforce...more