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
Many employers are now making plans to have their employees return to the workplace. Based on recent alerts from the FBI, part of preparing to protect workers from COVID-19 at work should include protecting the company from falling prey to fraudsters. To do that, employers should put in place procedures to carefully screen vendors from whom they will purchase COVID-19 … Continue Reading
On Sunday, April 12, 2020, New York became the latest jurisdiction to require employers to supply cloth or surgical masks to employees who are essential workers interacting with the public. The development is the latest reflecting how rapidly guidance on face masks has changed with the COVID-19 pandemic.… Continue Reading
Employers with fewer than 500 employees will be required to provide up to 80 hours of paid sick leave for certain employees impacted by the coronavirus (COVID-19) and will receive a tax credit in return under an emergency bill passed by the U.S. House of Representatives this weekend. The Senate is expected to consider the bill this week and President … Continue Reading
The World Health Organization (WHO) on March 11, 2020 finally acknowledged that the Coronavirus (COVID-19) outbreak is a pandemic. That designation changes the rules for employers.
The standard for justifying disability-related inquiries and medical examinations under the Americans with Disabilities Act (ADA) is now easier to meet, based on the Equal Employment Opportunity Commission’s (EEOC) Guidance for Pandemic Preparedness from … Continue Reading
The global health crisis created by the explosion of Coronavirus cases is requiring employers to navigate uncharted waters. Circumstances are changing daily, and employers must be agile in responding. For now, here are some key tips:… Continue Reading
Although there have only been a handful of confirmed cases of the 2019 Novel Coronavirus (2019-nCoV or the “coronavirus”) within the United States so far, employers are nevertheless well-advised to take affirmative steps to protect their employees from this rapidly spreading respiratory illness – even if the employers do not have any operations or employees based in China, where the … Continue Reading
Thousands of Florida coastal residents were ordered to evacuate last week in anticipation of Hurricane Irma, even as their employers remained open. A pizza restaurant manager made headlines when he threatened action against employees who chose to miss shifts to evacuate. Other employers instructed employees not to report and planned to close their offices part of this week. What are … Continue Reading
Recent news reports of active shooter situations provide a stark reminder: employers, regardless of size or industry, should have an action plan for responding to a threatening or violent situation in the workplace. Yet, many employers do not even have a workplace violence policy, let alone prevention or response plans. … Continue Reading
With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana. Currently, 28 states* and Washington, D.C., have legalized marijuana use for certain medicinal purposes, and eight states** and the District of Columbia have legalized … Continue Reading
How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many of our readers had questions. They were not alone; in fact, there was so much debate that OSHA issued a Memorandum on October 19, 2016 clarifying its … Continue Reading
(**Edited as of October 26, 2017.** See updated blog.**)
Do you automatically drug-test after all work-related injuries or accidents? If so, you may want to consider changing your policy in light of the Occupational Safety and Health Administration’s new reporting Rule. The Rule was initially effective August 10, 2016, but enforcement has been delayed while a legal challenge works … Continue Reading