In a surprise move today, CDC followed the lead of the various states that have lifted their masking and physical distancing recommendations. However, CDC’s new recommendations come with a twist. The CDC’s recommendations...more
Last week, President Biden encouraged employers to pay employees for time off to get vaccinated against COVID-19 and highlighted the tax credits available for employers with less than 500 employees. The American Rescue Plan...more
Although Ohio has not yet attained its goal of reducing COVID-19 cases to 50 cases per 100,000 people over a two-week period, the Director of the Ohio Department of Health has rescinded many of the prior orders designed to...more
The Biden administration has called for all people at least 18 to be eligible for the COVID-19 vaccine by April 19, 2021. Most states have already done so.
A BenefitsPro article cites a 2017 survey from the Society for...more
4/14/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Data Privacy ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Incentives ,
Labor Relations ,
Liability ,
Local Health Departments (LHDs) ,
National Institute of Health (NIH) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reporting Requirements ,
Vaccinations
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Plan”). The Plan is the most recent stimulus bill enacted to address the COVID-19 pandemic and it comes almost one year to the date the...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Joe Biden ,
Paid Family Leave Law ,
Paid Leave ,
Paid Sick Leave ,
Popular ,
Quarantine ,
Tax Credits ,
Vaccinations
One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more
3/5/2021
/ Coronavirus/COVID-19 ,
Dismissals ,
Diversity Jurisdiction ,
Employer Liability Issues ,
Employment Litigation ,
Immunity ,
Infectious Diseases ,
Negligence ,
Occupational Exposure ,
Workers' Compensation Claim ,
Workplace Safety
On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The Guidance incorporates much of...more
2/4/2021
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Return-to-Work Agreements ,
Risk Assessment ,
Sanitation ,
Sick Employees ,
Social Distancing ,
Workplace Safety
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
1/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
New Guidance ,
Virus Testing ,
Workplace Safety
By now, employers likely have heard the news that the Centers for Disease Control and Prevention (CDC) has reduced the length of time that individuals should quarantine after an exposure to COVID-19. The old adage “Don’t...more
12/8/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Quarantine ,
Sick Employees ,
Social Distancing ,
Virus Testing ,
Workplace Safety
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated...more
11/13/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Infectious Diseases ,
OSHA ,
Unions ,
Vaccinations ,
Workplace Safety
The election won’t cure COVID-19. But it may impact how employers handle and respond to the realities of the new workplace. As businesses around the world reopen and reset, employers face a complicated and unprecedented...more
11/3/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Masks ,
Policies and Procedures ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Sick Employees ,
Sick Leave ,
Vaccinations ,
Workplace Safety
Just when you thought you had your contact tracing protocol down for dealing with COVID-19 exposures, CDC guidance has changed again.
The CDC has now expanded the definition of close contact to be “Someone who was within...more
Ohio Governor Mike DeWine has signed a bill granting civil immunity from certain COVID-19-related civil actions for healthcare providers, businesses, schools, individuals, and other entities.
Under House Bill 606,...more
The Department of Labor has issued revisions and clarifications to its FFCRA Temporary Rule in response to the New York federal court’s decision vacating some of the provisions of the earlier version of the Rule...more
Last month a New York federal court left health care providers in a lurch, when it vacated the Department of Labor’s definition of who could be exempted as a health care provider from the FFCRA leave obligations. Thankfully,...more
The federal district court in New York struck down four provisions in the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA) regulations on August 3, 2020, four months after the regulations went into...more
You can hear the parents wailing across the country (almost like kindergartners on their first day of school), as states begin to announce their plans to keep physical schools closed or alternate between in-school and virtual...more
Its July. A time when in normal years, schools are closed and families are planning vacations. But in 2020, paid vacation is being replaced with paid leave under the Families First Coronavirus Response Act (“FFCRA”), leaving...more
Ohio Governor Mike DeWine released a new “Stay Safe Ohio” Order that outlines the first phase in the state’s “Responsible Restart Ohio” plan to fully reopen the state.
The Order allows more businesses to lawfully operate....more
In the past few weeks, the EEOC has updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws on multiple occasions. The EEOC’s most recent update to this informal guidance...more
Kentucky Governor Andy Beshear is urging a gradual, phased re-opening of the economy — not just on a statewide basis, but on an individual business basis, too. Kentucky has adopted a phased reopening plan called Healthy at...more
The COVID-19 pandemic is challenging retailers in ways unique to the business. Not only do they have to ensure the health and safety of both customers and workers with effective strategies, they are struggling with managing...more
When can employees who may have been exposed to COVID-19 return to work? Guidance from the Centers for Disease Control and Prevention (CDC) advises that “critical infrastructure workers may be permitted to continue work...more
The Department of Labor (DOL) has promulgated temporary regulations to implement provisions of the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) which were enacted as...more
The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act (FFCRA) before it goes into effect on April 1, 2020. The latest FAQs bring the current...more