The nation’s federal health authorities marked the next chapter of the pandemic yesterday by significantly loosening many COVID-19 recommendations – including dropping the “six-foot” social distancing rule – thereby...more
8/12/2022
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
After the news yesterday that a federal court judge struck down the CDC’s mask mandate for airplanes, mass transportation, and transit hubs, many employers immediately wondered what it might mean for their business. Though...more
4/19/2022
/ Airlines ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Masks ,
Public Health ,
Transportation Industry ,
Traveling Employee ,
Workplace Safety
Employers need to be especially on guard for the possibility that they may be hit with a vaccine-related EEOC charge, given than nearly half of all pandemic-related charges filed with the agency since December involve a...more
4/12/2022
/ Americans with Disabilities Act (ADA) ,
Caregivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Reasonable Accommodation ,
Religious Accommodation ,
Remote Working ,
Title VII ,
Vaccinations
In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases yesterday morning despite having announced a special decision day that led most Court observers to think that yesterday...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more
1/3/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Oral Argument ,
OSHA ,
Popular ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In a terse 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its preliminary stay that blocked the mandate-or-test Emergency Temporary Standard (ETS) late Friday, further complicating the status of...more
Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more
11/5/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Healthcare Workers ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Remote Working ,
Reporting Requirements ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Illness and Injury Reporting ,
Workplace Safety
As employers implement their own internal COVID-19 protocols and procedures, many have the additional burden of complying with third-party vaccine policies or enforcing their own vaccine policies upon non-employees such as...more
10/27/2021
/ Confidential Information ,
Coronavirus/COVID-19 ,
Customers ,
Documentation ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Public Accommodation ,
Reasonable Accommodation ,
Religious Accommodation ,
Temporary Employees ,
Vaccinations ,
Vendors ,
Visitors ,
Workplace Safety
While employers anxiously await the impending OSHA Emergency Temporary Standard that will require those with 100 or more employees to ensure their employees are vaccinated against COVID-19 or submit to weekly testing, many...more
In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced Thursday that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more...more
Missouri employers should take note that two bills recently signed into law by Governor Mike Parson that impose new employee leave obligations but also provide a liability shield for employers when it comes to pandemic...more
9/10/2021
/ Coronavirus/COVID-19 ,
Covered Employer ,
Domestic Violence ,
Employer Liability Issues ,
Health and Safety ,
New Legislation ,
Occupational Exposure ,
Reasonable Accommodation ,
State Labor Laws ,
Unpaid Leave ,
Victims' Economic Security and Safety Act (VESSA) ,
Workplace Safety
As the Delta variant surges throughout the country, more and more employers are implementing mandatory vaccine policies, especially now that the Pfizer vaccine has received full FDA approval. Most employers know they may need...more
8/26/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Interactive Process ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
The news this morning that the federal government fully approved the Pfizer COVID-19 vaccine could be a pivotal milestone in the fight against the coronavirus – especially when it comes to employers’ role in the battle. After...more
In response to the surge of delta variant cases across the country, federal workplace safety officials just issued updated guidance to help employers and workers identify current COVID-19 risks for unvaccinated or otherwise...more
8/16/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employee Training ,
Employment Policies ,
Health and Safety ,
High Risk Covid Employees ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Sick Employees ,
Social Distancing ,
Vaccinations ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
As more businesses are requiring proof of vaccination for their employees and customers, a question that often arises is whether it is lawful to ask an applicant about their vaccine status. While we are generally hesitant...more
Although the COVID-19 vaccines are expected to receive full FDA approval – perhaps as soon as later this month – an increasing number of businesses are not waiting for full authorization and are pressing forward to require...more
After announcing last week that healthcare workers (and state employees) will soon be required to either provide proof of vaccination or submit to weekly or bi-weekly COVID-19 testing, California issued an additional order...more
8/9/2021
/ Ambulatory Surgery Centers ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Exempt-Employees ,
Health and Safety ,
Health Care Providers ,
Health Clinics ,
Healthcare Facilities ,
Healthcare Workers ,
Hospice ,
Hospitals ,
Infectious Diseases ,
Masks ,
Physicians ,
Recordkeeping Requirements ,
Skilled Nursing Facility ,
Vaccinations ,
Virus Testing ,
Workplace Safety
With the Delta-variant-fueled surge of COVID-19 cases leading to new CDC masking guidance, statewide mandates, and the specter of further restrictions, employers have a renewed interest in seeing the vaccination rate of their...more
Less than a day after the Center for Disease Control and Prevention (CDC) issued new masking guidance for fully vaccinated individuals in substantial or high transmission areas, the California Department of Public Health...more
The U.S. Centers for Disease Control and Prevention (CDC) announced yesterday that the agency now recommends that people in areas with “substantial” and “high” COVID-19 transmission should wear masks indoors, regardless of...more
7/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
Not vaccinated yet? Do you work for a healthcare provider in California or the State of California? Then be prepared to get tested for COVID-19 on a weekly basis for the foreseeable future. In an effort to increase the number...more
7/28/2021
/ Coronavirus/COVID-19 ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Personal Protective Equipment ,
Physicians ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Questions about employee bonuses, payments made to owner employees and the Small Business Administration’s (SBA) authority to audit Paycheck Protection Program loans (PPP) were answered just before the long Memorial Day...more
5/29/2020
/ Bonuses ,
Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Hazard Pay ,
Interim Final Rules (IFR) ,
Lenders ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
SBA ,
SBA Lending Programs ,
Small Business ,
Small Business Loans
The Small Business Administration finally released its much anticipated forgiveness application for borrowers who received a Paycheck Protection Program (PPP) loan. It has been nearly two months since the program was signed...more
One long week after the U.S. Treasury announced that it was extending the Paycheck Protection Program Loan “safe harbor” deadline to May 14, the U.S. Treasury announced this morning that borrowers whose loan amount (combined...more
5/14/2020
/ Audits ,
Borrowers ,
CARES Act ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Federal Loans ,
Good Faith ,
Loan Repayment Issues ,
Paycheck Protection Program (PPP) ,
Safe Harbors ,
SBA ,
SBA Lending Programs ,
Time Extensions ,
U.S. Treasury
Following rapid depletion of funds available to small businesses under the CARES Act and subsequent Congressional action to refill the well, the Treasury Department today vowed to conduct “full audits” of companies receiving...more