OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19

The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees. OSHA’s announcement follows the U.S. Supreme Court’s ruling to grant a temporary stay of the ETS. This move most likely renders litigation in the U.S. Court of Appeals for the Sixth Circuit deciding... Continue Reading
January 25, 2022

At-Home COVID-19 Testing Options and Alternatives

In fulfillment of President Biden’s promise to make at-home COVID tests more available for all of us, two significant action steps have now occurred: Every U.S. household has access to free at-home COVID-19 tests. As of January 18, 2022, any individual with a residence in the United States may request up to four (4) at-home COVID test... Continue Reading
January 21, 2022

DOT Random Drug and Alcohol Testing Rates for 2022

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2022.  The random test rates did not change, except for maintenance-of-way workers under the Federal Railway Administration’s regulations.   Agency 2022 Random Drug Testing Rate 2022 Random Alcohol Testing Rate Federal Aviation Administration   25% 10% Federal Motor Carrier...
January 19, 2022

D.C. Employees to Get Paid Leave for COVID-19 Vaccines Well into 2022

D.C.’s new “COVID Vaccination Leave Temporary Amendment Act of 2021” (Temporary Act) will extend employees’ entitlement to paid time off for both COVID-19 vaccination and recovery from any side effects well into 2022. Read more about about employer obligations here. Continue Reading
January 14, 2022

U.S. Supreme Court Turns Centers for Medicare & Medicaid Services COVID-19 Vaccine Rules Back On

In a 5-4 decision, the U.S. Supreme Court has ruled in favor of the government, allowing the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine mandate to continue. Biden, et al. v. Missouri, et al., No. 21A240; and Becerra, et al. v. Louisiana, et al., No. 21A240 (Jan. 13, 2022). Accordingly, CMS can enforce in all... Continue Reading
January 14, 2022

U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The Court described the standard as a “blunt instrument” demanding most employers to require two-thirds of the American workforce to receive COVID-19 vaccinations or otherwise undergo weekly testing. The justices tipped... Continue Reading
January 13, 2022

All Connecticut Employers Are Covered by State Family and Medical Leave Act Beginning 2022

Have any employees in Connecticut? Then you are covered by the Connecticut Family and Medical Leave Act (Connecticut FMLA). All employers with at least one employee in Connecticut are covered by the Connecticut FMLA as of January 1, 2022. Read more about Connecticut FMLA obligations for employers with any employees in Connecticut and other leave... Continue Reading
January 11, 2022

Updated Rates for California EDD Benefits and San Francisco Paid Family Leave Ordinance

The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2022. The EDD also released an updated Overview of California’s Paid Family Leave Program.  Read more here. Continue Reading
January 11, 2022

SCOTUS Questioning Suggests OSHA ETS is Squeezing an Elephant into a Mousehole

The U.S. Supreme Court heard oral arguments today in the OSHA ETS case.  Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay, with Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and... Continue Reading
January 7, 2022

CDC’s New Shorter Quarantine Period is Welcome News for Those Who Got COVID for Christmas

The CDC announced today that it is updating its quarantine and isolation guidance. For people with COVID-19, the isolation period was reduced from ten days to five days as long as the individual has no symptoms or their symptoms are resolving after five days. Importantly, the revised isolation guidance does not recommend an individual have... Continue Reading
December 27, 2021

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