Employment Law Blog

OSHA Suspends Federal Vaccine Mandate

On November 5th, 2021, the Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (ETS) requiring all employers with 100 or more employees to implement policies requiring employees to either be vaccinated against the coronavirus or submit to weekly testing. More >

WEBINAR - Myths, Masks, and Mandates

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IMPORTANT EMPLOYMENT UPDATE: Federal Executive Orders Will Require Many Employers to Mandate Vaccines for Workforce

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

Since the first COVID-19 vaccine became available last December, employers have been asking themselves whether they should—or even could—require their employees to receive the shot. For many employers, this question has now been answered—by a pair of executive orders from President Biden. These orders will require nearly two thirds of the American workforce to be vaccinated in response to rising infection rates throughout the country. What does this mean for employers? More >

Can’t Keep Up? Current COVID Guidance for Employers

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

As the pandemic continues to march on, workplaces must march on too—but the beat of the drum seems to change constantly! Guidance for employers has become more difficult to follow with each passing day. If you feel like you can’t keep up, here’s a quick rundown of the current state of COVID recommendations and responsibilities for employers. More >

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  More >

WARNING: DOL Moves the Goalposts on FFCRA for Healthcare Providers

When the Families First Coronavirus Response Act (“FFCRA”) was passed, healthcare providers breathed a sigh of relief to see that an exception had been carved out for them regarding the mandatory leave provisions of the law. This exclusion permitted entities with less than 500 employees to exclude “health care providers” from mandatory leave provisions. The first rules to interpret this provision defined “health care providers” in such a manner that all employees of a healthcare provider that itself met the definition would also meet the exclusion. This interpretation is no more. More >

Alternate and Hybrid School Schedules Give Parents Stronger Rights to Leave Under New FFCRA Guidance

On September 11, 2020, the Department of Labor (“DOL”) issued new guidance clarifying portions of the Families First Coronavirus Response Act ("FFCRA"). In an important decision for working parents, the definition of “intermittent leave” was clarified to expressly exclude instances in which employees take FFCRA leave to care for their children whose schools are operating on alternate or hybrid-attendance schedules.  More >

Enforcement and Retaliation of New Paid Leave Provisions – Crucial Concerns for Employers

While the new paid sick leave and Family and Medical Leave Act (“FMLA”) expansion law contains a small carrot for employers in the form of tax credits for those required to pay for sick leave and expanded FMLA leave, it also contains a couple of fairly substantial sticks.  Accordingly, employers should carefully consider any adverse employment actions they take at this time with respect to employees who take leave.   More >

Coronavirus and Employers: Critical Compliance Information

As the novel coronavirus, or COVID-19, has reached global pandemic status, it is critical for employers to understand how to administer their workforce in the face of the new illness, especially in light of state and federal employment laws. Luckily for employers, there is fresh guidance from several agencies on how to put team health first while protecting businesses and complying with relevant workforce laws and regulations. We have distilled that information into key points set out below. More >

CDC Releases Guidance for Employers to Respond to Coronavirus

In an effort to help employers understand and deal with the threat posed by COVID-19, the official name of the current outbreak of coronavirus, the Centers for Disease Control and Prevention (“CDC”) has recently released official guidance. It may seem odd that the CDC would issue employer-specific guidance (rather than, say, the EEOC or Department of Labor), but it only serves to underscore the threat this virus seems to pose and the way in which employer policies may have a direct bearing on the issue. More >