On March 11, 2022, the U.S. Department of Labor announced a Notice of Proposed Rulemaking to update the rules governing how workers are paid on federally funded construction projects. The proposed changes represent the...more
3/15/2022
/ Construction Industry ,
Construction Project ,
Construction Workers ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Federal Employees ,
Federal Register ,
Notice of Proposed Rulemaking (NOPR) ,
Prevailing Wages ,
Wage and Hour
On January 26, 2022, the Occupational Safety & Health Administration (OSHA) withdrew its emergency temporary standard (ETS), which required large employers to either mandate vaccination or weekly COVID-19 testing. The ETS...more
On January 13, 2022, the United States Supreme Court blocked the emergency standard issued by the Occupational Safety and Health Administration (OSHA) that would have required employees at businesses with 100 or more...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
With OSHA’s Emergency Temporary Standard (ETS) hanging in the balance of a special January 7, 2022, U.S. Supreme Court session, your organization should nonetheless prepare to comply with a Vaccine-or-Test COVID-19 policy. As...more
1/13/2022
/ Americans with Disabilities Act (ADA) ,
Construction Industry ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Good Faith ,
OSHA ,
Policies and Procedures ,
Recordkeeping Requirements ,
Religious Exemption ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Written Notice
On December 17, 2021, the United States Sixth Circuit Court of Appeals voted 2-1 to lift the stay on OSHA’s Emergency Temporary Standard (ETS), which requires private businesses with at least 100 employees to ensure that...more
On November 30, 2021, a federal judge granted a preliminary injunction to block the COVID-19 vaccine mandate for federal contractors from going into effect in Ohio, Kentucky, and Tennessee. In approving the preliminary...more
OSHA’s Emergency Temporary Standard (ETS) affects employers with 100 or more employees, requiring covered employers to implement a mandatory vaccination policy for employees to be fully vaccinated or submit to weekly testing....more
On November 4, 2021 OSHA issued the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The ETS requires covered employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Immunization Records ,
Masks ,
OSHA ,
Recordkeeping Requirements ,
Religious Exemption ,
Vaccinations ,
Virus Testing
BACKGROUND-
Federal contractors and subcontractors have a lot to consider as they navigate the challenges COVID-19 presents to the workplace. On September 9, 2021, President Biden announced his Path Out of the Pandemic:...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
DFARS ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Masks ,
OSHA ,
Religious Exemption ,
Vaccinations
On Labor Day, Governor Kathy Hochul signed into law an amendment to New York Labor Law that holds prime and general construction contractors jointly and severally liable for unpaid wages, benefits, and wage supplements owed...more
Over the past few months, the COVID-19 vaccine has dominated news coverage and is at the forefront of the current administration’s agenda. On Thursday, September 9, 2021, President Joe Biden announced a sweeping new federal...more
10/12/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Documentation ,
Employee Privacy Rights ,
Employee Rights ,
Employer Mandates ,
Executive Orders ,
Joe Biden ,
OSHA ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Vaccinations ,
Virus Testing
On September 14, 2020, Governor DeWine signed House Bill 606 into law which provides civil immunity to employers facing COVID-19 related lawsuits. HB 606 provides, in part:
SECTION 2. (A) No civil action for damages for...more
The Family and Medical Leave Expansion Act (“FMLA+”) and the Emergency Paid Sick Leave Expansion Act (“EPSLEA”), set to take effect on April 1st, authorize the Department of Labor (“DOL”) to issue regulations that exempt...more
On March 24th, the U.S. Department of Labor (DOL) published summaries of employee rights and employer obligations under the Families First Coronavirus Response Act (FFCRA) on the DOL’s COVID-19 and the Workplace website. Also...more
COVID-19 Employment Challenges With the COVID-19 outbreak, employers are facing many questions related to managing their workforces, protecting their employees, and navigating the effect of government efforts to contain the...more
3/23/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Layoffs ,
Medical Examinations ,
Medical Leave ,
OSHA ,
Paid Leave ,
Sick Leave ,
Unemployment Insurance ,
WARN Act ,
Workplace Safety
On March 18th, Congress sent to President Trump, and President Trump signed into law, the Families First Coronavirus Response Act (the “Act”). The Act addresses many topics relating to COVID-19 Disease 2019 (“COVID-19”),...more
3/23/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unemployment Insurance
In his March 18 afternoon press briefing, Governor DeWine advised Ohio employers to take the temperatures of all employees every day and went so far as to say that if employers do not do this, the next step will be to close...more