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List of States Limiting Employer COVID-19 Vaccine Mandates Continues to Expand

In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the expanding list of states passing laws curtailing the use of COVID-19 vaccine mandates by private employers. More than 10 states have now passed such... Continue Reading
November 19, 2021

Updates to EEOC COVID-19 Guidance Reminds Employers of General Anti-Retaliation Protections for Employees

The EEOC has recently updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to include a section on Retaliation and Interference. The update to EEOC’s guidance reviews anti-retaliation protections under the federal equal employment opportunity (EEO) laws including Title VII of the Civil Rights Act (Title... Continue Reading
November 17, 2021

Fate of OSHA’s COVID-19 Vaccine ETS in the Hands of Sixth Circuit Court

The U.S. Court of Appeals for the Sixth Circuit has won the much-anticipated Multi-District Litigation lottery and will get to decide the merits of the challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine Emergency Temporary Standard (ETS). Under the ETS, employers with at least 100 employees must adopt a vaccination policy that requires... Continue Reading
November 17, 2021

Puerto Rico Expands Mandatory COVID-19 Vaccination to Private Employers With at Least 50 Employees

Puerto Rico Governor Pedro R. Pierluisi has issued an Executive Order (EO) requiring all private sector employers with at least 50 employees to adopt COVID-19 vaccine or testing requirements. Under EO 2021-075, which is similar in scope to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard, such employers must require their employees to... Continue Reading
November 17, 2021

D.C. Council Unanimously Adopts Paid Leave for D.C. Employees Getting COVID-19 Vaccines

The D.C. Council has adopted legislation that “removes one of the biggest obstacles workers say prevents them from getting the COVID-19 vaccine” by ensuring paid time off for both vaccination and recovery from any side effects. D.C. Mayor Muriel Bowser is expected to sign the “COVID Vaccination Leave Emergency Amendment Act of 2021” into law.... Continue Reading
November 16, 2021

What Healthcare Employers Need to Know About the Centers for Medicare & Medicaid Vaccine Mandate

The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers. The IFR requires covered staff to be fully vaccinated against COVID-19 by January 4, 2022, or have received an approved religious or medical exemption or deferral... Continue Reading
November 8, 2021

Fifth Circuit Hits Pause on OSHA COVID-19 Vaccine or Testing Emergency Standard

One day after the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) titled “COVID-19 Vaccination and Testing; Emergency Temporary Standard”, a panel of the U.S. Court of Appeals for the Fifth Circuit granted a nationwide stay of the OSHA ETS. Read full coverage from our Workplace Safety and Health colleagues. Continue Reading
November 8, 2021

OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers

Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100 employees. Employers must comply with many of the requirements within 30 days and begin required testing within 60 days of the November 5, 2021,... Continue Reading
November 4, 2021

Update on Face Coverings in California

In June, California relaxed many of its COVID-19 restrictions, including allowing fully vaccinated individuals to go without a face covering indoors, with limited exception. Also in June, Cal/OSHA passed an amended Emergency Temporary Standard (“ETS”) that allowed for fully vaccinated employees to go without a face covering in most situations. Read the full article on Jackson Lewis’... Continue Reading
November 4, 2021

Pennsylvania Medical Marijuana Act Did Not Protect Employee Who Was Terminated for Positive Marijuana Test Result

A federal court in Pennsylvania granted an employer’s motion for summary judgment dismissing a former employee’s Pennsylvania Medical Marijuana Act (PMMA) claim because he could not show that his termination was premised solely on his status as a certified user of medical marijuana.  Matthew Reynolds v. Willert Mfg. Co., LLC, No. 5:21-cv-01208 (E.D. Pa. October...
October 20, 2021

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