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Disability Access Litigation and ComplianceBlog Posts

Florida Legislature Passes New COVID-19 Workplace Laws During a special session to consider what Governor Ron DeSantis called his “Keep Florida Free” agenda, the Florida Legislature passed several vaccine measures, some of which conflict with recently implemented federal rules, that affect the workplace. Read our full coverage here. Continue Reading November 19, 2021	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

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