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McBrayer Blogs

Showing 34 posts tagged employment law.

EEOC Updates Guidance on COVID-19 and ADA

Throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has issued updates providing guidance for employers in response to new developments and information. This week, the EEOC has issued a new technical assistance update, clarifying the circumstances under which the Americans with Disabilities Act (ADA) and Rehabilitation Act may be applied to COVID-19. More >

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 >

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 >

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 >

EEOC Updates Compliance Manual on Religious Discrimination

Recently, the EEOC released updated guidance for employers regarding religious discrimination and accommodations in the Compliance Manual Section on Religious Discrimination. The updates override the previous iteration of the manual published in 2008. Importantly, this manual does not bind employers by law, but it does inform the way that the EEOC processes claims under the law and is therefore a crucial resource for employers.  With these updates, the EEOC clarified an important aspect of religious discrimination: who is protected by the Title VII. More >

ALERT: New CDC Guidance Redefines “Close Contact” and Employers Must Take Notice

On Wednesday, October 21, 2020, the CDC again revised its guidance on the definition of “close contact” for purposes of reducing the transmission of COVID-19.  Recently, the United States has seen a concerning increase in the number of daily cases and hospitalizations due to the coronavirus.  Ten states, including Kentucky, recorded their highest number of hospitalizations this week.  Experts are worried about a “rapid acceleration” in the upcoming fall and winter months where there are fewer opportunities to gather in open, outdoor spaces. 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 >

EEOC: Opioid Use by Employees May Require Reasonable Accommodation

On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance for employees regarding their rights under the Americans with Disabilities Act (ADA) if they use opioids, are addicted to opioids, or have been addicted in the past. Specifically, employees who are legally using opioids, including those who are or have been addicted, may be entitled to a reasonable accommodation under the ADA if the accommodation would allow them to do the job safely and effectively. More >

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