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EEOC Provides Updated Guidance to Employers Regarding Title VII and Religious Objections to COVID-19 Vaccine Mandates (US)

Since President Biden announced his “Path Out of the Pandemic” COVID-19 Action Plan on September 9, 2021 (see our prior post here), an increasing number of employers across the country have implemented, or are in the process of implementing, mandatory COVID-19 vaccination policies. Although these policies may differ in certain respects from employer to employer, … Continue Reading

Coming Soon: Employers Required To Ensure Employees Are Vaccinated Or Regularly Tested – President Biden’s Sweeping COVID-19 Action Plan: What Employers Need to Know (US)

It has been nine months since the first person in the United States received the COVID-19 vaccine, and ever since then, employers have been weighing the pros and cons of whether to require that employees be vaccinated as a condition of employment. On September 9, 2021, President Biden narrowed the options for many employers when … Continue Reading

US Occupational Safety and Health Administration Issues Updated COVID-19 Workplace Safety Guidance, Recommends Indoor Mask Use (US)

In the words of Yogi Berra, it feels like déjà vu all over again. With COVID-19 infections rising again throughout the country, particularly due to the rapid spread of the Delta variant strain, the US Centers for Disease Control and Prevention (CDC) issued new guidance on July 27, 2021 (i) recommending that all persons living … Continue Reading

California Becomes More Expensive for Employers: Meal and Rest Break Premiums Now Track Overtime and Must be Paid at the Regular Rate of Pay, Retroactively (US)

Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading

Fourth Circuit: ADA Does Not Require Employers Create Job-Sharing Positions As A Disability Accommodation (US)

Squire Patton Boggs Summer Associate Sydney Finley summarizes a recent opinion from the United States Court of Appeals for the Fourth Circuit addressing an employers’ obligation to provide job-sharing as a reasonable accommodation under the Americans with Disabilities Act. The United States Court of Appeals for the Fourth Circuit—which covers Maryland, North Carolina, South Carolina, … Continue Reading

What Do US Employers Need to Do to Provide a Safe Workplace As State COVID-19 Mitigation Orders Drop? OSHA Provides Updated Guidance.

On June 10, 2021 the Occupational Safety and Health Administration (OSHA) released long-awaited updated guidance on what actions employers should take to mitigate the spread of COVID-19 in light of an increasingly vaccinated population. The guidance supplements, and does not replace or diminish, any applicable state or local orders. Note also that OSHA released on … Continue Reading

Not Vaccinated Yet? How About $100 For A Shot? Updated EEOC Guidance Confirms Employers Can Offer Employees Vaccination Incentives (US)

On May 28, 2021, the US Equal Employment Opportunity Commission (EEOC) updated its ongoing guidance on COVID-19 issues in the workplace to cover additional topics relating to vaccination of employees. This updated guidance addresses a number of questions that have been arising now that a majority of the adult US population has been fully vaccinated … Continue Reading

Arizona and Many Other States Begin Legislative Process to Protect Employees Against Discrimination Based on COVID-19 Vaccine Choices (US)

Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as … Continue Reading

Ohio Joins Growing List of States Rescinding Mask Orders (US)

As we blogged about here, the CDC announced on May 13, 2021 that fully vaccinated individuals no longer need to wear a mask or practice social distancing except in certain circumstances, including when state or local orders still require compliance with these COVID-19 mitigation measures. As a result, a number of state and local health … Continue Reading

US Federal Labor Viewpoints – Week of March 22, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of March 22. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we … Continue Reading

Considerations for Employers Contemplating Incentive Programs to Encourage Employees to Receive the COVID-19 Vaccine (US)

As we discussed in a previous post, the US Equal Employment Opportunity Commission (“EEOC”) published guidance in December 2020 on employer mandatory COVID-19 vaccination policies. That guidance explained that subject to a few exceptions, employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in the workplace.  However, … Continue Reading

Biden’s DOL Withdraws Trump-Era Opinion Letters Regarding “Gig Economy” Workers and Sleeping Truck Drivers (US)

On February 19, 2021, the US Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) withdrew two Trump-era opinion letters.  The first, FLSA2019-6, discussed whether a service provider for a virtual marketplace company (“VMC”) is an independent contractor or an employee subject to the Fair Labor Standards Act (“FLSA”). The second, FLSA2019-10, involved the compensability … Continue Reading

President Biden Signs Executive Order Extending Workplace Protections Against COVID-19 (US)

One of President Biden’s first acts in office was to sign an Executive Order (EO) on January 21, 2021 aimed at increasing the safety and health of U.S. workers, particularly healthcare and other essential workers, against the continuing COVID-19 pandemic. To that end, President Biden instructed the Secretary of the Department of Labor (DOL), through … Continue Reading

US Department of Labor Releases Final Rule Clarifying Standard for Independent Contractor Versus Employee Determination Under FLSA (US)

On January 6, 2021, the Department of Labor (“DOL”) announced a final rule clarifying the standard under the Fair Labor Standards Act (“FLSA”) for determining whether a worker is an independent contractor versus an employee. This distinction in critical under the FLSA, as employers must comply with its minimum wage and overtime requirements for employees, … Continue Reading

Stimulus Bill Extends Tax Credits for Paid Coronavirus Leave, But Not FFCRA Paid Leave Framework Itself (US)

On Monday, December 21, Congress unveiled the nearly 5,600-page text of the latest COVID-19 relief package. If signed into law by the President, the omnibus spending and stimulus relief package will provide direct cash payments to many adults in the U.S., extend unemployment benefits, reopen the Paycheck Protection Program, and provide wide-ranging rental and educational … Continue Reading

State Law Round-Up: Year End Edition – PART TWO (Illinois – Washington, D.C.) (US)

In Part One of our year-end State Law Roundup, we covered national minimum wage developments and developments in states at the beginning of the alphabet: California, Colorado, Connecticut, Georgia, and Hawaii.  In Part Two below, we look at developments in the rest of the states (and localities), from Illinois to Washington D.C. Illinois: Illinois employers … Continue Reading

EEOC Publishes Guidance on Employer Mandatory COVID-19 Vaccination Policies (US)

Last month we discussed whether employers will be able to require employees to obtain a COVID-19 vaccine as a condition of returning to, or remaining in, the workplace. We noted at that time that the conditions for and lawfulness of mandatory vaccination policies was unclear, but that guidance was anticipated from the US Equal Employment … Continue Reading

State Law Round-Up: Year End Edition – PART ONE (California – Hawaii) (US)

As we (thankfully) reach the end of 2020, we wanted to provide a year-end update on recent and upcoming state law developments.  Despite the fact that state and local governments had their hands full with the COVID-19 pandemic (and passed many laws relating to that topic, which we will not cover here), they managed to … Continue Reading

Planning Ahead for the End (For Now) of the Families First Coronavirus Response Act (US)

Throughout 2020, we have provided updates on the adoption of the Families First Coronavirus Response Act (FFCRA), its implementing regulations, and its amended regulations. In these updates, we have noted that the FFCRA – which provides emergency paid sick leave and paid emergency family leave for certain COVID-19-related reasons to public sector employees and employees … Continue Reading

Global Guide on Employment Implications of COVID-19 Vaccination

The news that a number of COVID-19 vaccines are in the final stages of development and approval has been welcomed by employers and employees around the globe. It also has prompted a number of questions, such as whether employers can require their employees be vaccinated as part of a plan to make the workplace as … Continue Reading

CDC Updates COVID-19 Guidance to Include Alternatives to 14-Day Quarantine Recommendation (US)

Throughout the COVID-19 pandemic, the U.S. Centers for Disease Control and Prevention (CDC) has been one of the primary resources providing the public with recommendations on all aspects of the virus, and it has closely monitored the evolving science for information that would warrant reconsideration of its  recommendations. As a result of those ongoing efforts, … Continue Reading

An Update Concerning Employer Mandatory Vaccination Policies – COVID-19 (US)

With news reports emerging this week that two companies each have developed a COVID-19 vaccine that is more than 90% effective and carries few side effects, and that mass immunizations may begin as early as December 2020, when more than 20 million doses of the vaccines are predicted to be available, employers will soon confront … Continue Reading

WEBINAR – November 5 – Healthcare Employers’ COVID-19 Update: A Practical Discussion of Recent Employment Law Developments Relating to COVID-19 (US)

As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, William J. Kishman and Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front … Continue Reading

Remember Vacations? Considerations for Employers When Addressing Employees’ Personal Travel During COVID-19 (US)

It’s been more than six months since the COVID-19 pandemic took hold in the United States, and during this period, most of us have remained either in, or very close to, our homes. Although a second wave of infections now appears to be starting, the colder temperatures of winter, the approaching holiday season, or the … Continue Reading
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