On November 5, 2021, the U.S. Secretary of Health and Human Services issued a rule amending the existing conditions of participation in Medicare and Medicaid to add a new requirement – that facilities ensure their covered...more
Beginning February 9, 2022, large employers will have to implement the COVID-19 testing requirements of the OSHA ETS. If employers implement a vax-or-test policy, they must comply with the weekly testing requirements and...more
On Wednesday December 22, 2021, the U.S. Supreme Court fast-tracked challenges to two federal vaccine mandates, and said it would hear oral arguments on the OSHA vax-or-test mandate for large employers and the CMS vaccine...more
Challenges to the federal government’s “vax-or-test” mandate for private employers with 100 or more employees started almost as soon as the Occupational Health & Safety Administration released its emergency temporary standard...more
On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more
To date, legal challenges to three federal vaccine mandates are pending in courts across the country. The following is an update regarding the status of those lawsuits and what types of employers are impacted by that...more
The Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standards (ETS) became effective on June 21, 2021. Compliance with most of the provisions was required by July 6, 2021. The last of those...more
On May 5, 2020, the EEOC provided additional guidance to employers on employee accommodation issues that may arise in the context of return to work.
The updated guidance focuses on employees who may have an underlying...more
On April 23, 2020, the Equal Employment Opportunity Commission officially stated that employers may administer a COVID-19 test – the test used to detect the presence of the COVID-19 virus – to employees to determine if they...more
The Equal Employment Opportunity Commission continues to update its guidance on what employers should know about COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other Equal Employment Opportunity...more
As of March 19, 2020, the EEOC has confirmed that based on guidance from the Centers for Disease Control and other public health authorities, the COVID-19 pandemic meets the “direct threat” standard under the Americans with...more
The Equal Employment Opportunity Commission has just recently clarified that because the Centers for Disease Control and other state and local health authorities have acknowledged community spread of COVID-19 and issued...more
In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses.
One part of the rule requires employers to...more
In a previous article, we outlined the Occupational Safety and Health Administration’s (OSHA) new final rules regarding the reporting of workplace injuries and illnesses. These rules include a substantial limitation on an...more