Since the COVID-19 pandemic and the necessity that many jobs be performed, at least temporarily, from home, employers and employees have litigated numerous disputes over when work-from-home eliminates an essential function of a position (i.e., onsite attendance) or is a reasonable accommodation. On May 8, 2026, the United States Court of Appeals for the Fifth
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
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
Texas Employees Can Reject Suitable Work and Maintain Unemployment Benefits
A day after reporting that Texas employees rejecting a return to suitable work for fear of contracting COVID-19 could lose unemployment benefits, Govenor Abbott announced that the TWC has promulgated rules allowing employees to continue receipt of benefits even if rejecting a return to suitable work. According to the Governor’s press release:
Each unemployment insurance
Texas Employees Who Refuse to Return to Work May Lose Unemployment Benefits
When Congress was drafting the enhanced unemployment benefits available under the FFCRA some lawmakers opposed the additional $600 per week benefit because it could incentivize workers to remain on unemployment rather than returning to work. As Texas prepares to return to work, those lawmakers concerns are coming to fruition.
There are anecdotal reports that
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:
DOL Publishes Additional Guidance on Emergency Paid Sick Leave and Expanded FMLA Leave
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
FFCRA Effective April 1, 2020 Rather than April 2, 2020 (Not an April Fool’s Joke)
When the Families First Coronavirus Response Act was passed, it was to take effect within 15 days of March 18, 2020. Most assumed that the Act, thus, was effective on April 2, 2020. Yesterday, the U.S. Department of Labor announced that the effective date of the Act will be April 1, 2020 (not an April