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Be Wary of Disclosing Employees’ COVID-19 Vaccination Status

Jordan Dunham
Jordan Dunham
02/23/2021
COVID-19, Disability & Leave
As vaccines are being administered throughout the country, the end to the COVID-19 pandemic is in sight.  As a result, many employers are wondering what information can be shared regarding employees’ vaccination status. The answer is, or at least the cautionary one is, not much. Employers are facing inquiries regarding their employees’ vaccination status.  Customers and clients would like to know if the employee they are working...
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Employer Alert: The Maryland Essential Workers’ Protection Act

Garrett Wozniak
Garrett Wozniak
02/03/2021
COVID-19, State Law, Workplace Safety
After cutting short the 2020 legislative session because of the pandemic, the Maryland General Assembly has returned this January with confronting COVID-19 among its highest priorities.  One item employers should be keenly aware is the Maryland Essential Workers’ Protection Act, which would impose multiple new mandates on Maryland employers. The legislation, cross-filed as House Bill 481 and Senate Bill 486, is scheduled for a hearing in the...
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OSHA Provides Further Guidance on Managing COVID-19 in the Workplace

Randi Klein Hyatt
Randi Klein Hyatt
01/29/2021
Agency Activity, COVID-19, Workplace Safety
Earlier today, the Occupational Safety and Health Administration issued its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.  The Guidance is not legally binding but does detail recommended best practices around managing COVID-19 in the workplace.  OSHA has reiterated that workers should continue to maintain at least a six-foot distance from others when possible, wash hands, properly wear a face mask (covering nose...
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DOL Authorizes Use of Telemedicine For FMLA Certifications

Eric Paltell
Eric Paltell
01/04/2021
COVID-19, FMLA
Among the many changes COVID-19 has brought about  is the increases use of telemedicine for persons in need of medical services. On December 29, 2020, the United States Department of Labor embraced the use of telemedicine as a method by which an employee can obtain “treatment” for  “serious medical condition” under the Family and Medical Leave Act (“FMLA”). The FMLA permits an employee to take up to 12 weeks of leave for their own or a...
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Coronavirus Relief Package Does Not Extend The FFCRA But Provides An Incentive For Private Employers To Make Paid Leave Available

Clifford Geiger
Clifford Geiger
12/28/2020
COVID-19
The coronavirus relief package passed by Congress last week was signed by President Donald Trump on Sunday, December 27, 2020.  The new law does not extend the paid leave mandates enacted under the Families First Coronavirus Response Act (“FFCRA”), which are set to expire on December 31, 2020.  Next year employers will no longer be required to provide paid sick or family leave for employee absences caused by coronavirus-related reasons. ...
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EEOC Issues Guidance on COVID-19 Vaccination For Employers

Bernadette Hunton
Bernadette Hunton
12/18/2020
COVID-19
On December16, 2020, the EEOC issued its first guidance for employers on COVID-19 vaccinations in the workplace.  Below is a summary of the question and answer guidance. Is the administration of a COVID-19 vaccine by an employer (or third-party on behalf of an employer) a “medical examination” for purposes of the American with Disabilities Act (ADA)? No.  The vaccination itself is not a medical examination because an employer who...
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Governor Hogan Announces Two New Initiatives To Provide Economic Relief For Maryland Businesses

Bernadette Hunton
Bernadette Hunton
12/16/2020
COVID-19
On December 10, 2020, Maryland Governor Hogan announced two new COVID-19 initiatives to provide economic relief to businesses in Maryland.   Emergency Unemployment Tax Relief For Businesses The first Executive Order No. 20-12-10-01, effectively suspends unemployment tax increases for Maryland businesses for 2021.  The Order, which acknowledges “contributory employers cannot fairly be held responsible for the abnormally high volume of...
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CDC Provides Recommendation For Optional Shorter COVID-19 Quarantine Period

Garrett Wozniak
Garrett Wozniak
12/04/2020
COVID-19
This past Wednesday, December 2, 2020, the CDC updated its guidance on quarantining for those who have been in contact with others with COVID-19. The amended guidance states that the quarantine period can end after 10 days without testing if the individual has no symptoms during daily monitoring for the 10-day period.  The agency hedges the recommendation, however.  The CDC reiterates that it “currently recommends a quarantine period of 14...
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The Latest On Facemasks in the Workplace

Eric Paltell
Eric Paltell
11/19/2020
COVID-19, Workplace Safety
On November 18, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration  ("OSHA") published an update to its "Frequently Asked Questions"   to clarify it position on the use of cloth face coverings as personal protective equipment in the workplace. The need for clarification arose after the Center for Disease Control and Prevention issued a scientific brief on November 10, 2020 finding that some cloth  face coverings...
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DOL Issues Revised FFCRA Regulations

Eric Paltell
Eric Paltell
09/15/2020
Agency Activity, COVID-19
On September 11th, the U.S. Department of Labor issued revised regulations on the Families First Coronavirus Response Act (FFCRA). The new regulations are a response to an  August 3, 2020 decision from a New York federal court finding that DOL's interpretation of the FFCRA excluded too many health care workers from the Act's coverage. The court also  struck down a provision that allows employers to deny leave when they don't have work available,...
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