Yesterday the Supreme Court stayed the Occupational Health and Safety Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS), resolving months of legal uncertainty over its fate. In blocking the...more
On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more
11/9/2021
/ Appeals ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Motion for Relief ,
OSHA ,
Permanent Injunctions ,
Preemption ,
Public Comment ,
Rulemaking Process ,
Stays ,
Temporary Regulations ,
Tenth Amendment ,
Vaccinations ,
Virus Testing
In response to one of the worst outbreaks in the COVID-19 pandemic, attributable largely to the highly contagious Delta variant, President Biden on September 9 announced his six-prong Path Out of the Pandemic plan. To...more
9/13/2021
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Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
In the face of criticism for its recently proposed standards about mask wearing and social distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) has now announced revised amendments to its...more
On May 28, the U.S. Equal Employment Opportunity Commission (EEOC) released long anticipated guidance regarding mandatory employer vaccination policies. The updated guidance confirms that, at least under federal...more
As COVID-19 vaccinations become increasingly available to the general public, employers are considering whether to mandate or encourage their workers to get vaccinated. Below we share some common vaccine-related questions we...more
2/10/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
OSHA ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
On December 16, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to clarify that employers may implement mandatory vaccination polices once a COVID-19 vaccine becomes widely available, but...more
On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations implementing the Family First Coronavirus Response Act (FFCRA) after a New York federal court struck down key provisions of the original...more
On July 6, Massachusetts released new guidance for employers as the state transitioned into Phase III of its reopening plan. Among the safety protocols for businesses including barber shops, fitness centers, and retail...more
On June 18, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued new COVID-19 related guidance to assist businesses deemed “non-essential” as they reopen their workplaces. The...more
On June 11, the U.S. Equal Employment Opportunity Commission (EEOC) updated its question and answer document What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The latest Guidance,...more
6/16/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rehabilitation Act ,
Workplace Safety
The Centers for Disease Control and Prevention (CDC) released new guidance on Wednesday describing how office buildings can reopen safely as states ease restrictions on non-essential businesses. The new voluntary...more
On Tuesday May 19, the Centers for Disease Control and Prevention (CDC) released a 60-page document laying out guidelines for reopening the country as states and local governments continue to curb the rate of COVID-19...more
In recent weeks, many businesses have resumed or expanded operations to varying degrees as states and local jurisdictions have issued reopening orders. That means many “non-essential” employees have been or soon will be...more
On May 18, 2020, Massachusetts announced a four-phase reopening plan, parts of which took immediate effect. Phase 1 is the “Start” phase, during which “limited industries [may] resume operations with severe restrictions.”...more
In response to the lifting or relaxing of shelter in place orders in a number of states, many businesses plan to resume certain operations during the pendency of the COVID-19 pandemic. The health, safety, and well-being of...more
On Wednesday April 8, the Centers for Disease Control and Prevention (CDC) released new guidelines making it easier for essential employees to get back to work after exposure to COVID-19. Previously, the CDC recommended that...more
As discussed in a prior alert, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which President Trump signed into law on March 27th, temporarily expands unemployment insurance benefits. Under the CARES Act,...more
On April 1, 2020, The U.S. Department of Labor issued temporary regulations interpreting the Families First Coronavirus Response Act (FFCRA). The FFCRA provides certain employees who are unable to work due to the COVID-19...more
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), an economic stimulus package providing over $2 trillion to aid Americans affected by the COVID-19...more
On March 18, 2020, we published an alert informing employers that, due to the severity of the COVID-19 outbreak, they could lawfully take employees’ body temperatures as a condition of their entering the workplace. At that...more
As mentioned in our previous alert, the recently enacted Families First Coronavirus Response Act (FFCRA) requires that employers with fewer than 500 employees provide paid Emergency Sick Leave and paid Emergency Family...more
Below we share some common workforce-related questions fielded over the past several days, along with general answers. Of course, as is the case with most employment law and HR issues, the right answer for your business may...more
3/23/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Government Shutdown ,
Layoffs ,
Shelter-In-Place ,
Sick Employees ,
Unemployment Benefits ,
Virus Testing ,
Wage and Hour
On March 18, President Trump signed into law a massive $100 billion relief package aimed at helping Americans in the wake of the coronavirus (COVID-19) outbreak. In addition to providing funding for free COVID-19 testing,...more
Coronavirus Disease 2019 (“COVID-19”) is affecting U.S. businesses in a variety of ways and will continue to do so for the foreseeable future. Impacts include telework and employee absenteeism, changes in consumer demands,...more