On April 25, 2022, South Carolina enacted a statute aimed at curtailing employers’ ability to require workers to be vaccinated against COVID-19. To start, the Act absolutely bans state and local governments from requiring...more
The federal government’s vaccinate-or-test-and-mask policy impacting many private workplaces is no longer on hold. On November 4, the Occupational Safety and Health Administration issued its emergency temporary standard (ETS)...more
On November 4, the Centers for Medicare & Medicaid Services issued an emergency regulation requiring many health care workers to be fully vaccinated by January 4, 2022. The vaccination requirement applies to all staff working...more
As many employers await the Occupational Safety and Health Administration’s impending vaccination rule, the Equal Employment Opportunity Commission quietly released new guidance regarding religious objections to mandatory...more
Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more
9/17/2021
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
But For Causation ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Interpretive Rule ,
OSHA ,
Protected Concerted Activity ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
As we have covered previously in EmployNews, organizations that mandate that their employees obtain vaccination against COVID-19 must consider whether employees may be entitled to an exemption due to a qualifying disability...more
On July 27 in response to rising COVID-19 case counts caused by the Delta variant, the Centers for Disease Control and Prevention updated its guidance for individuals who have been fully vaccinated to recommend that they wear...more
On May 21, 2021, Indiana University adopted a policy requiring all students, faculty, and staff to be fully vaccinated before returning to campus for the Fall 2021 semester. The policy includes a number of exemptions for...more
7/26/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Exemptions ,
Health and Safety ,
Infectious Diseases ,
Religious Exemption ,
School Policies ,
Students ,
Universities ,
Vaccinations
On June 10, 2021, OSHA issued its long-awaited emergency temporary standard (ETS), which requires certain healthcare employers to implement a number of policies and procedures to protect their employees from COVID-19. Some...more
In a pair of notable new lawsuits, employees of both public and private employers have filed legal challenges to mandatory COVID-19 vaccination policies. First, on April 16, 2021, in the Middle District of North Carolina, a...more
On May 13, 2021, the Centers for Disease Control issued consequential, and largely unexpected, guidance stating that “fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where...more
5/21/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Cooper ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Vaccinations
As previously reported in EmployNews, the American Rescue Plan Act provides “assistance eligible individuals” with the option to receive fully-subsidized COBRA coverage from April 1, 2021 through September 30, 2021....more
4/16/2021
/ American Rescue Plan Act of 2021 ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Health Insurance ,
IRS ,
Model Forms ,
New Guidance ,
Notice Requirements ,
Premium Subsidies ,
Premiums ,
Relief Measures ,
Tax Credits
The American Rescue Plan Act signed into law on March 11 includes an overlooked but valuable benefit for employees who have lost employment and access to a group health plan – up to six months of fully subsidized COBRA...more
3/19/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
Notice Requirements ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
On March 8, the federal Centers for Disease Control and Prevention issued long-awaited guidance that relaxes its prior recommendations in three ways for fully vaccinated individuals. However, the update has a limited impact...more
President Joe Biden signed the $1.9 trillion American Rescue Plan into law Thursday. While the latest COVID-19 aid package is missing some of the dramatic employment law changes in the House’s original version, such as a $15...more
The Pandemic Unemployment Assistance Program was a key component of last year’s Coronavirus Aid, Relief, and Economic Security (CARES) Act and was subsequently extended through March 14 of this year. Under the program,...more
On February 1, a group of organizations representing national employers, including the U.S. Chamber of Commerce, sent a letter to the Equal Employment Opportunity Commission requesting that it “quickly issue guidance...more
The federal Worker Adjustment and Retraining Notification (WARN) Act generally requires employers of more than 100 total employees to provide at least 60 days’ advance notice if they are terminating at least 50 employees or...more
On December 27, President Donald Trump signed the latest coronavirus relief package into law. Among the more than 5,000 pages of text are three provisions that will impact employers in 2021....more
On December 4, the federal Centers for Disease Control and Prevention revised its long-standing guidance regarding the recommended quarantine period after an individual is exposed to COVID-19. While the CDC still endorses a...more
On November 1, a federal court in New York dismissed a lawsuit filed by several Amazon workers that largely sought to compel the company to comply with public health guidance. The case, Palmer v. Amazon.com Inc., was notable...more
11/20/2020
/ Amazon ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
OSHA ,
Public Health Emergency ,
Public Nuisance ,
State Health Departments ,
State Labor Laws ,
Workplace Safety
The current surge of COVID-19 across the U.S., pandemic fatigue, and the upcoming holidays are putting employers in a difficult position. Some are already receiving complaints about workers not wearing masks nor taking other...more
On September 11, the U.S. Department of Labor issued a new temporary rule for the Families First Coronavirus Response Act (FFCRA). As we explained previously in EmployNews, a New York federal district court in August struck...more
On Tuesday, the U.S. Equal Employment Opportunity Commission issued an update to its running guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates address...more
As more businesses grapple with positive COVID-19 tests among their workforce, we have been receiving questions regarding the potential for liability relating to COVID-19 exposure. Fortunately, we can provide some clarity in...more