Yesterday, the Supreme Court released its opinion in National Federation of Independent Business v. Department of Labor and Ohio v. Department of Labor. Concluding that OSHA’s proposed emergency temporary standard (ETS) was a...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As part of their COVID-19 mitigation protocols, an increasing number of employers are mandating COVID-19 vaccinations following the Food and Drug Administration’s full approval of the Pfizer vaccine. Adding to the exponential...more
Thousands of Colorado’s licensed health care facilities are now required to ensure that certain workers are vaccinated against COVID-19 by the end of October. The new mandate came in response to an Aug. 17 letter from Gov....more
In connection with the recent surge in COVID-19 cases caused by the Delta variant, many businesses have begun to require that employees—and sometimes contractors, volunteers and patrons—provide proof of vaccination. This may...more
With the grant of full approval by the Food and Drug Administration (“FDA”) to the Pfizer COVID-19 vaccine, one major legal hurdle to employer-mandated COVID-19 vaccines has been cleared. The approval could not come soon...more
Many news outlets have recently reported that the federal government has indicated that employers can mandate COVID-19 vaccines. They rely on updated guidance issued by the Equal Employment Opportunity Commission on May 28,...more
6/9/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
The Families First Coronavirus Response Act (“FFRCA”), which required that employers of fewer than 500 employees provide Emergency Paid Sick Leave (“EPSL”) and Expanded Family and Medical Leave (“EFML”) to eligible employees...more
With distribution of COVID-19 vaccines moving ahead full-steam, an end to the pandemic may be in sight in the coming months. However, what is collectively known as the “new normal” still comes with a minefield of unanswered...more
3/5/2021
/ Business Continuity Plans ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Traveling Employee ,
Vaccinations ,
Workplace Safety
The Families First Coronavirus Response Act (“FFRCA”) ended by its terms on Dec. 31, 2020. Although many expected the FFCRA protections to be extended due to the continuing pandemic, only a portion of the FFCRA was extended...more
A new year ushers in new legal obligations for employers, particularly those with operations in California. From expanded California Family Rights Act (“CFRA”) coverage to new reporting and data-gathering obligations,...more
There are now over 70 million confirmed cases of COVID-19 worldwide, and nearly 2 million deaths, including more than 300,000 in the United States. Federal, state and local authorities are recommending that travelers avoid...more
With COVID-19 vaccines now being distributed, an end to the pandemic may be in sight in the coming months. What is collectively known as the “new normal” still comes with a minefield of unanswered questions, particularly for...more
Update -
Cal/OSHA Advisory Meeting Scheduled: The promised Cal/OSHA advisory meeting regarding the recently issued Emergency Temporary Standards (ETS) has been scheduled for Dec. 18, 2020, from 12 p.m. to 5 p.m PT. ...more
On Nov. 30, 2020, the Office of Administrative Law (OAL) approved the ETS, making it effective immediately. The ETS—consisting of five new sections to title 8 of the California Code of Regulations (Sections 3205 -...more
There are now nearly 60 million confirmed cases of COVID-19 worldwide, and over 1 million deaths, including a quarter of a million in the United States. Federal, state and local authorities are recommending that travelers...more
With the 2020 election season in full swing, key issues are being debated and discussed across the country, and not always in the form of polite discourse. One subject that is not up for debate, however, is an employer’s...more
The prolonged impacts of COVID-19, and the legal complexities for workplaces and employee management, have particular relevance to corporate transactions. As we near the final quarter of 2020 and companies race to close deals...more
Furloughs and reductions in employee hours necessitated by the initial COVID-19 outbreak earlier this year may seem like a distant pandemic memory. At the time, many employers decreased labor budgets by furloughing their...more
As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal...more
8/18/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Force Majeure Clause ,
Landlords ,
Paid Leave ,
Remote Working ,
Screening Procedures ,
Tenants ,
Wage and Hour ,
Workplace Safety
In the face of the coronavirus pandemic, the federal government and many states and localities have implemented paid leave requirements....more
Effective at midnight today, July 16, 2020, and continuing for the next 30 days (subject to extension), Gov. Jared Polis issued a statewide order (D 2020 138) (“Order”) requiring all individuals in Colorado who are age 11 or...more
Yesterday, Colorado Gov. Jared Polis signed two bills imposing additional requirements on Colorado’s employers that are effective immediately. The Healthy Families and Workplaces Act (“HFWA”), designed to close gaps in the...more
COVID-19 has drastically changed how and where employees work. Many employees are now temporarily working from their homes or other remote locations. These temporary (and potentially longer-term) telecommuting arrangements...more
COVID-19 has drastically changed how and where employees work. Many employees are now temporarily working from their homes or other remote locations. These temporary (and sometimes longer-term) telecommuting arrangements...more
At this point, parents are all too familiar (and likely exhausted) with making alternative arrangements to deal with at-home children who are missing out on school or day care due to COVID. As the school year has concluded...more