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Disability Access Litigation and ComplianceBlog Posts

Nationwide Injunction on COVID-19 Vaccine for Federal Contractors Applies to Vaccine Requirement Only The federal court that issued a nationwide injunction of Executive Order (EO) 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” has issued a new Order stating that it enjoined only the vaccine requirement of the EO’s implementing tool: the Safer Federal Taskforce (Safer Taskforce) Guidance. As a result of this Order, federal contractors covered... Continue Reading January 27, 2022	DOL Issues, Then Withdraws, Updated Guidance on Compensability of COVID-19 Testing and Vaccine Time The list of laws and regulations governing vaccinations and testing is growing and changing at a frenetic pace. Employers can add U.S. Department of Labor (DOL) guidance on the compensability of time spent undergoing testing and vaccinations to that list. Read more about the status of DOL guidance. Continue Reading January 26, 2022	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Vaccine-Or-Test Emergency Temporary Standard for COVID-19 The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees.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	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

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