On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws. Aptly titled, “Enforcement Guidance on Harassment in...more
On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees...more
On August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a...more
Ballard Spahr's lawyers provide an update on the current status of the federal COVID-19 vaccine mandate, and the steps employers should be taking as a result of the recent changes.
Leading this discussion is Lila Sevener, an...more
As we previously reported here, the Biden Administration has seen significant setbacks as courts around the country halt the administration’s vaccine mandates, including the emergency Interim Final Rule issued by the Centers...more
This episode features a discussion of the current array of federal COVID-19 vaccine mandates: their effectiveness and requirements, the scope of their coverage, and what employers should consider in responding to them....more
12/6/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As we previously reported here, the United States Judicial Panel on Multidistrict Litigation conducted a lottery to determine which of the thirteen federal appeals courts would hear the consolidated cases challenging the...more
Summary -
The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take...more
11/11/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Occupational Safety and Health Administration (”OSHA”) has issued its long-awaited Emergency Temporary Standard requiring employers with 100 or more employees to mandate that each worker be fully vaccinated, or subject to...more
In April 2020, an executive assistant at a Staten Island health care provider was allegedly terminated for raising COVID-19 related safety concerns about an in-person meeting. In what may be a sign of litigation to come, the...more
In a decision with potential implications for employers who are considering implementing a mandatory COVID-19 vaccine policy, a federal court in New York found that a hospital employee who was terminated in December 2017, for...more
On March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a National Emphasis Program (NEP) that signaled a new enforcement agenda, targeting establishments in industries that have an increased...more
On today’s episode we discuss a key issue presented by the coming COVID-19 vaccines: whether employers can or should mandate vaccination, what limitations might exist on an employer’s ability to do so, and other...more
On August 13, 2020, the National Labor Relations Board (NLRB) Division of Advice released five memoranda in which the General Counsel directed NLRB regional offices to dismiss pandemic-related charges filed by unions and...more
8/17/2020
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
NLRB ,
NLRB General Counsel ,
Nursing Homes ,
Policy Memorandums ,
Protected Concerted Activity ,
Unions ,
Workplace Safety
Neither the U.S. Equal Employment Opportunity Commission nor the Centers for Disease Control has issued any specific guidance for employers to deal with Ebola issues. With multiple Ebola cases diagnosed in the United States...more