OSHA has issued a 916-page COVID-19 Healthcare Emergency Temporary Standard (ETS) setting forth a myriad of requirements for covered healthcare entities, including implementation of a comprehensive COVID-19 plan identifying and addressing hazards, patient screening and management protocols and transmission-based precautions, protocols for providing and requiring use of personal protective equipment (PPE), aerosol-generating procedure controls, requirements for physical distancing, physical barriers, … Continue Reading
An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy, public health department, or other health care provider in the community, according to new guidance issued by the EEOC on May 28, 2021.… Continue Reading
With the COVID-19 landscape in New York changing rapidly, employers may be understandably confused about what rules to abide by when it comes to things like masks, social distancing, and safety protocols. Significant changes may be on the horizon, but employers should not pull the trigger on any sweeping changes to their policies just yet. Despite recent guidance from the … Continue Reading
With the CDC’s May 13 announcement lifting the mask mandate for fully vaccinated individuals in most non-healthcare settings, many Americans are excited at the thought of a return to normalcy. However, employers should consider these questions before lifting their own mask requirements for workers who are fully vaccinated.… Continue Reading
Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. These and other developments related to marijuana continue to impact the workplace.… Continue Reading
With COVID-19 vaccines now available to every adult in the United States, employers are starting to see a light at the end of the tunnel after a year of uncertainty. But for employers whose workforces spent a year away from the office, a safe return to normalcy presents new legal, practical, and ethical questions.… Continue Reading
This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy, public health department, or other health care provider in the community, according to new guidance issued by the EEOC on May 28, 2021. For … Continue Reading
As various states (Texas, Mississippi, Montana, Iowa, and many more) have done away with mask mandates and as vaccinations become more widely disseminated amongst the general population, many individuals may be emboldened to throw their face coverings in the trash and never look back. However, employers may be hesitant to lift mask requirements and other COVID-19 protocol in their workplaces … Continue Reading
On March 12, 2021, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) designed to significantly reduce worker exposure to COVID-19 by targeting industries and worksites where employees may have a high frequency of close-contact exposures. The new NEP on COVID-19 has two main components:… Continue Reading
Not really. Like the COVID-19 vaccines, these “business liability shields” may provide a layer of protection for some employers, but they in no way guarantee immunity from lawsuits. Since early last year, business leaders expressed concerns about continuing with operations amidst the COVID-19 pandemic—mainly because they feared exposing their businesses to lawsuits arising from the transmission of the virus. Indeed, … Continue Reading
It comes as no surprise that employee claims against employers are on the rise. In the early months of the COVID-19 pandemic, there was a drastic decline in newly filed employment-related lawsuits. The decline was likely the result of shelter-in-place orders and other restrictions on working in the workplace. However, the months of November 2020 and December 2020 saw a … Continue Reading
Despite some employees receiving the COVID-19 vaccine, employers should still require workers to wear face coverings and remain physically distant to help prevent the spread of the virus, according to updated guidance by the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC).
With the certification of the Electoral College votes complete, Joe Biden will become President on January 20 and no doubt usher in sweeping changes. If you want to know what to expect, join us for a webinar on Tuesday, January 19 at noon Eastern. In the meantime, here’s a sneak preview:… Continue Reading
Employers may require employees in the workplace to get a COVID-19 vaccine, according to newly issued guidelines from the EEOC. But employers may not necessarily terminate an employee who refuses.
While the vaccine may still be months away for most Americans, employers should prepare now for the issues that will arise, including those relating to pre-vaccination screening, administering the vaccine, … Continue Reading
Nearly all California employers must take steps now to comply with the requirements imposed by the new slate of emergency regulations intended to minimize the spread of COVID-19 in California workplaces. These regulations, adopted by CAL/OSHA on November 30, 2020 are immediately effective. Here is what employers need to know now to protect their businesses and their employees.… Continue Reading
California has enacted a host of new laws impacting family and medical leave, coronavirus reporting obligations, workers compensation, pay gap data, worker classifications, and more. Here are the highlights, including when employers must abide by the new laws.… Continue Reading
Employers screening for COVID-19 should consider updating their screening and other protocols following new guidance issued by the U.S. Centers for Disease Control (CDC) and a new study on how long the coronavirus can live on surfaces.
The new definition greatly expands persons who will be considered close contacts, and is just the latest change prompted by what scientists have … Continue Reading
Flu season is upon us. Can employers require a flu shot? More importantly, should they?
The Centers for Disease Control and Prevention (CDC) emphasizes that getting a flu vaccine this year is “more important than ever during 2020-2021 to protect yourself and the people around you from flu, and to help reduce the strain on healthcare systems responding to the … Continue Reading
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers.… Continue Reading
Screening employees for symptoms of COVID-19 is critical to limiting both the spread of the virus and a company’s exposure to claims that it did not do enough to protect its employees. But screening itself can create other liabilities, so you will want to be sure your process follows recommended federal, state and local regulations and guidance. Both the U.S. … Continue Reading
Consider this in the era of COVID-19: how does an employer comply with its duty to provide employees a safe workplace when the workplace is not one controlled by the employer?… Continue Reading
Do you have a COVID-19 Safety Plan in place? If not, you had best get started.
The U.S. Centers for Disease Control (CDC) and the Occupational Safety and Health Administration (OSHA) have recommended having such a plan since the beginning of the pandemic, and have recently updated their guidance to spell out exactly what such plans should address. In some … Continue Reading
As employers contemplate or commence reopening, they should be cognizant of potential workplace claims which are likely to escalate in the COVID-19 era. Such claims can arise out of a wide range of situations, including: deciding which employees should be brought back to the worksite first, which should be allowed to continue to telework and where there isn’t sufficient work, … Continue Reading
Employers face a myriad of issues in thinking through whether and how to re-open for business after mandatory closures, or how to thoughtfully phase out teleworking models currently in place for ongoing enterprises. While federal, state, and local authorities haggle over who will decide which businesses can re-open and under what circumstances, employers should start preparing now. In particular for … Continue Reading