In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
12/22/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, November 16, the Occupational Safety and Health Administration (OSHA) announced that it is suspending all implementation and enforcement efforts related to the emergency temporary standard (ETS) on mandatory...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Employees ,
Public Health Emergency ,
Public Schools ,
Public Sector ,
Regulatory Agenda ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Thursday, the U.S. Occupational Health and Safety Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring employers with 100 or more employees to mandate vaccinations or weekly testing...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
In week nine, the Biden administration’s labor and employment...more
3/23/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Workplace Safety
OSHA has launched a national emphasis program to protect high-risk workers from COVID-19 hazards. The program also prioritizes for OSHA inspection employers that retaliate against workers who complain about unsafe conditions....more
The U.S. Occupational Safety and Health Administration (OSHA) has issued enhanced COVID-19 safety guidance to help employers and their employees implement a COVID-19 prevention program and better identify risks which could...more
During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground...more
1/22/2021
/ Administrative Appointments ,
Bias ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Regulatory Reform ,
Workplace Safety
On his second day in the Oval Office, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Occupational Health and Safety Administration (OSHA) to intensify its efforts to protect...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) expanded on its COVID-19 Q&A guidance to address the interplay of vaccines with employment discrimination laws. While the agency confirms that...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
At the outset of the pandemic, many employers were unsure of how OSHA would conduct inspections and issue citations regarding COVID-19 related issues. Early guidance from OSHA indicated that regulatory standards could be...more
12/10/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
General Duty Clause ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Regulatory Standards ,
Workplace Safety
As if employers aren’t already tested managing the challenges of the pandemic, on September 30, OSHA updated its COVID-19 Frequently Asked Questions to remind employers about their duty to report and record COVID-19 related...more
10/6/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Sick Employees ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
The U.S. Equal Employment Opportunity Commission (EEOC”) has updated its technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” to include additional...more
9/25/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) recently developed a COVID-19 Frequently Asked Questions (FAQs) document to provide a central location for commonly asked questions concerning steps employers can take...more
As all four regions of the State of Illinois work toward entering Phase 4 of the Restore Illinois Plan on June 26, 2020, Illinois Governor JB Pritzker released new guidelines to help businesses and other activities safely...more
The EEOC recently updated its COVID-19-related Q & A’s to assist employers in navigating “the new world” post-COVID-19 while complying with the federal anti-discrimination laws as employees return to work....more
6/22/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
High Risk Covid Employees ,
Pregnancy Discrimination ,
Pregnancy Discrimination Act (PDA) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Sex Discrimination ,
Title VII ,
Virus Testing ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) has issued new guidance requiring all employers to evaluate confirmed cases of COVID-19 for work-relatedness and to record those cases that are determined to be...more
On May 14, 2020, the Centers for Disease Control and Prevention (CDC) issued general guidance for workplaces, schools, youth programs and camps, childcare centers, mass transit systems, and restaurants and bars looking to...more
On April 30, Governor Pritzker issued Illinois’ second stay-at-home order which will remain in effect through May 30. The Order represents the first step in the process to reopen the State during the coronavirus disease 2019...more
5/6/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Essential Workers ,
Manufacturers ,
Operators of Essential Services ,
Retail Market ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government ,
Telecommuting ,
Workplace Safety
OSHA has issued three new alerts in its industry-specific series aimed at increasing worker protection during the COVID-19 pandemic. The new alerts, issued on April 13, 16 and 21, are directed at employees in package...more
As federal, state and local governments contemplate plans to ease stay at home orders and reopen the economy, the EEOC has updated its guidance to address common issues that employers may encounter as employees idled by the...more
Last week, the Occupational Safety and Health Administration (OSHA) issued an Interim Enforcement Response Plan for Coronavirus Disease 2019 (interim plan) to guide the agency’s field personnel in handling investigations into...more
Over the past two weeks, the Occupational Safety and Health Administration (OSHA) has released a new poster, safety tips specific to retail workers, and updated guidance for employers that have mandatory respirator programs....more
On March 14, 2020, the U.S. House of Representatives passed HR6201, the Families First Coronavirus Response Act in response to the ongoing coronavirus emergency. HR6201 includes two new laws relating to employee leave from...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Sick Pay ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
OSHA has released “Guidance on Preparing Workplaces for COVID-19,” a 32-page booklet describing “lower exposure,” “medium exposure,” and “high or very high exposure” risk occupations and what precautions employers can take...more
3/12/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety