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.

  1. What does the ETS require?

The ETS

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 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

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

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

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

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:

On March 26, 2020, the U.S. Department of Labor published a Field Assistance Bulletin and additional answers to what it anticipates are Frequently Asked Questions about the FFCRA’ s posting obligations.

The Field Assistance Bulletin No. 2020-1 announced that the Department would take a nonenforcement position during the first 30 days when the Act is

The Families First Coronavirus Response Act that provides emergency paid leave and expanded FMLA rights to employees of small and mid-sized employers requires covered employer to post notice of rights and responsibilities under the Act in the workplace.  The U.S. DOL has posted model posters employers can use and post in conspicuous places where employees