Enforcement of the Biden Administration’s three vaccine mandates (i.e., government contractor, CMS and large employer mandates) had been stayed or partially stayed by various federal courts. The OSHA Emergency Temporary Standard (ETS) applicable to most employers having 100 or more employees was stayed by the Fifth Circuit Court of Appeals prohibiting enforcement of the rule.
Learning from the Mistakes of Others
Some of the best lessons are those learned not through our own mistakes; but rather by the mistakes of others. We get all the same knowledge without the pain associated with learning by our own mistakes. Fifteen years ago, Radio Shack was blasted for communicating the layoff of over 400 workers to the employees by
Answering 10 Questions About OSHA’s Emergency Vaccine and Testing Mandate for Large Employers
On November 4, 2021, OSHA issued its Emergency Temporary Standard (“ETS”) on mandatory COVID-19 vaccination and/or testing. The ETS requires that employers with more than 100 employees require most employees get vaccinated or undergo weekly COVID-19 testing and masking. OSHA’s ETS preempts any conflicting state or local laws.
- What does the ETS require?
The ETS
Biden Directs OSHA to Issue Emergency Standard Mandating Large Employers Require COVID-19 Vaccinations of Workforce or Weekly Testing
Yesterday, President Biden announced that he is directing the Occupational Health and Safety Administration (“OSHA”) to engage in emergency temporary rule making and issue a standard requiring employers with more than 100 employees to cause their employees to either be fully vaccinated against COVID-19 or test negative for COVID-19 on a weekly basis. The President’s
Employers Overcoming Reservations about Requiring COVID Vaccination as a Condition of Employment
Employers are overcoming their reluctance to require that employees become vaccinated against the COVD-19 virus as a condition of employment. Microsoft, Google, Tyson Foods and many health care providers have announced they will require their employees who work on-site to obtain and provide proof that they have received a COVID-19 vaccination.
At least two federal
Employers Considering Options to Increase Vaccination Rates of their Workforces
With increase in infections from Delta COVID variant among the unvaccinated and the anticipated return to in-office work, employers are considering options to increase the percentage of fully vaccinated employees in the workforce. These include mandatory vaccine requirements and incentive programs to increase the number of employees that are fully vaccinated. Guidance from the EEOC
Employer Considerations for Returning Employees After COVID-19 Shutdowns
The President and governors of individual states are discussing plans to reopen businesses in the coming weeks. Some of the measures employers will be required to take will be dictated by governmental agencies and for particular industries. A few of the most commonly discussed steps include: temperature checks, use of PPE, heightened hygiene maintenance, return
DOL Issues Temporary Regulations on Emergency Paid Sick Leave and Emergency FMLA Expansion Acts
On April 1, 2020, the DOL issued its regulations on the paid leave provision of the Families First Coronavirus Response Act (i.e., the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Act). While there is a lot to digest in the rule, the most significant aspect is the definition of and
IRS Issues Guidance on Documents Employers to Maintain to Substantiate Claim to Tax Credits for FFCRA Paid Leave
As the paid leave provisions of the FFCRA take effect today, many employers are asking what information they should maintain so they can claim the tax credits that are available to pay for this leave. Luckily, the IRS has come to the rescue describing the information that should be maintained. The Service’s guidance explains that:
Federal Judge Enjoins Dallas Paid Sick Leave Ordinance
Yesterday, a U.S. District Judge enjoined enforcement of the Dallas Paid Sick Leave Ordinance. The law, effective August 1, 2019, was scheduled to start being enforced by the City of Dallas on April 1, 2020. Dallas’s law, similar to laws passed by the City of Austin and San Antonio, will now wait until the Texas