OSHA Emergency Temporary Standard and Bargaining Obligation

Garrett Wozniak
Garrett Wozniak
11/11/2021
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).  Our summary of the ETS is available here.  On November 6, the Fifth Circuit Court of Appeals stayed the ETS pending further action.  Other challenges to the law have been filed in other federal appellate courts and other suits -- those saying that the ETS does not do enough --...
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Employee’s Pandemic-Related FMLA Claims Survive Dismissal

Garrett Wozniak
Garrett Wozniak
11/11/2021
At the risk of stating the obvious, employees and employers alike have faced challenges throughout the COVID-19 pandemic.  Many have approached these challenges with an open-mind, flexibility, compassion.  A recent decision from a federal court in Virginia provides a useful reminder of these principles in the context of a worker’s claim that his former employer interfered with his rights under the Family and Medical Leave Act...
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Service Animals In The COVID-Era Workplace

There are endless articles and blog posts about COVID and the workplace, whether managing remote workers, implementing a safe return to work, vaccination mandates, testing procedures, masking, reasonable accommodation requests on all of these issues, and all of the related issues that have been on the forefront for the past nineteen (!!) months.  One topic, however, that has not received as much press, at least per my internet searches, is handling...
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OSHA’s NEW COVID-19 VACCINE/TEST MANDATE- ZOOM WEBINAR

Kollman & Saucier
Kollman & Saucier
11/05/2021
TUESDAY, NOVEMBER 9: 12:00 PM TO 1:00 PM Join Kollman & Saucier attorneys, Garret Wozniak and Bernadette Hunton, for a discussion about OSHA’s new emergency COVID-19 vaccine/test rule for employers with 100 or more employees.  We know employers have many questions such as: What does the ETS require? What must employers do to prepare? What information do we need to get from employees? Which employers are covered? Do I have to pay for time...
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OSHA's Rule Mandating Vaccination Against COVID-19 Goes Into Effect Friday, November 5, 2021

Randi Klein Hyatt
Randi Klein Hyatt
11/04/2021
The Occupational Safety and Health Administration (OSHA) has mandated, for the first time ever, a vaccination in the workplace.  For any employer with 100 or more employees company-wide, all employees must be vaccinated against COVID-19 or subject to weekly testing.  For any state that has its own work safety agency, they will have thirty (30) days to implement the federal OSHA standard or their own mandate that is at least as protective as...
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EEOC Updates Guidance On Religious Exemptions From Employer Vaccine Requirements

Clifford Geiger
Clifford Geiger
10/28/2021
On October 25, 2021,the EEOC updated its guidance on What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.  The EEOC added six new Q&As addressing Title VII religious objections to COVID-19 vaccine mandates.  Generally, job applicants and employees may request an exception, called a religious or reasonable accommodation, from an employer requirement that conflicts with their sincerely held...
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No Negligence in Maskless Temperature Check

Darrell VanDeusen
Darrell VanDeusen
10/21/2021
Not a day goes by for me without inquiries from clients about dealing with vaccine mandates, employee exemptions, government executive orders, testing protocols, and discipline for those employees who fail to follow the rules.   I feel a bit like Bill Murray in Groundhog Day.  Nearly all of these questions focus on the hypothetical employee who has refused to get vaccinated “just because” and the employer’s response to that...
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Employers, You have Another Tool to Help you with Workforce Vaccine Mandates: Insurance Premium Discounts

As employees continue to return to offices, employers around the United States are looking for assistance in how to require and/or incentivize its employees to receive a COVID-19 vaccine.  Some of these initiatives come as employers prepare to confront the executive orders mandating vaccines on some workforces. On September 9, 2021, President Biden announced his Path Out of the Pandemic: Covid-19 Action Plan that in part, set a requirement that all...
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The EEOC Takes On Its First COVID-Telework Lawsuit Under The ADA.

Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first lawsuit under the American with Disabilities Act (ADA) against a facility management services company, ISS Facility Services, Inc., due its failure to permit one of its employees to continue working remotely amidst COVID.  The case is EEOC v. ISS Facility Servs., Inc., No. 1:21-CV-3708-SCJ-RDC (N.D. Ga. 2021). Ronisha Moncrief worked as a Health Safety and...
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Guidance Published for Federal Contractor Vaccine Mandate

Vincent Jackson
Vincent Jackson
09/27/2021
On September 24, 2021, the Safer Federal Workforce Task Force published guidelines for President Biden’s recently-announced COVID-19 vaccine mandate for federal contractors.  Here are the highlights: “Covered contractor employees” of federal contractors must be fully vaccinated against COVID-19 no later than December 8, 2021. People are considered fully vaccinated two weeks after they have received the second dose in a two-dose series,...
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