In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed … Continue Reading
In a pair of orders consolidating several pending cases, on December 22, 2021, the US Supreme Court agreed to hear emergency appeals from orders from multiple federal appellate courts relating to two of the pending COVID-19 vaccine mandates – the Emergency Temporary Standard (ETS) issued by the US Occupational Safety and Health Administration (OSHA) and … Continue Reading
On November 5, 2021, the federal Centers for Medicare and Medicare Services (CMS) issued an emergency regulation requiring that many types of health care facilities and providers that receive Medicare or Medicaid funds ensure that their staff, contractors, and volunteers receive at least their first COVID-19 vaccine dose by December 6, 2021 and be fully … Continue Reading
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
According to a new policy from the U.S. Centers for Disease Control and Prevention (CDC), effective October 1, 2021, the COVID-19 vaccine is included on the list of vaccines required for applicants to obtain lawful permanent residence (aka “green card”). Under the Immigration and Nationality Act (INA), section 212(a)(1)(A)(ii), foreign nationals to be found admissible … Continue Reading
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
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
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
As if 2020 hasn’t already presented more than its fair share of challenges, flu season is now rapidly approaching. Combined with the still ongoing COVID-19 pandemic, employers are more concerned than ever before with ensuring that their employees stay healthy and productive. As a result, many employers are weighing the pros and cons of encouraging, … Continue Reading
As California employers prepare for the gradual re-opening of business, they must now take into consideration Governor Gavin Newsom’s Executive Order N-62-20 executed on May 6, 2020, making any COVID-19 infection diagnosed within two weeks of an individual working outside of their home presumptively work-related. This has the effect for employers of reversing the burden … Continue Reading
The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale. In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
What a difference a week makes. By now, businesses, offices and families all across the United Kingdom are coming to terms with the recommendation that (where possible) people self-isolate as the UK Government seeks to “spread the peak” of the Coronavirus pandemic. Ignoring the seismic impact this has had upon businesses and industries, there is … Continue Reading
The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US. Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading
Mental health is clearly an important concern for all employers who wish to promote the wellbeing of their employees. UK employers are now facing costs of up to £45 billion per year because of their employees’ poor mental health, making this an important area for investment. This figure was revealed in the “Mental health and … Continue Reading
You can’t escape the panic spreading through mass and social media regarding the 2020 Wuhan Novel Coronavirus, a virus that has resulted in fatalities in China and infected thousands worldwide. Symptoms mimic that of influenza (fever, cough), but can include difficulty breathing, pneumonia, kidney failure, and death in severe cases. Despite the panic, there are … Continue Reading
On December 7, 2018, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously held in Hustvet v. Allina Health System that an employer did not unlawfully terminate an employee who refused to receive a rubella vaccination. The plaintiff, a healthcare specialist working with potentially vulnerable patients, requested an accommodation exempting … Continue Reading
Illinois enacted its Biometric Information Privacy Act (“BIPA”) in 2008 to regulate, among other things, employer collection and use of employee biometric information. Biometrics is defined as the measurement and analysis of physical and behavioral characteristics. This analysis produces biometric identifiers that include things like fingerprints, iris or face scans, and voiceprints, all of which … Continue Reading
As you may have noticed, today is the fourth annual “Time to Talk” day. The purpose of the Time to Talk day is to seek to break down the stigma of mental health issues and spark conversations, not only to aid recovery but also to help people with their personal and professional relationships and to … Continue Reading
If you’ve been compulsively checking your works email throughout the holiday season, why not take the opportunity to relocate to France? Since January 1 this year French workers have had the “right to disconnect” outside work hours, say all the Press reports, but the reality is slightly different. The new law lays down no absolute … Continue Reading
