January 14, 2022
On January 13th, the Supreme Court issued opinions in the companion cases concerning governmental vaccine mandates. Regarding the OSHA vaccine/testing mandates for private employers with 100 employees or more, the Supreme Court, by a 6 to 3 decision, stayed the OSHA vaccine mandate. The Supreme Court held that the parties opposing the mandate were “likely to succeed on the merits of their claim…
January 7, 2022
On Friday, January 7th, 2022, the Supreme Court heard oral arguments regarding the constitutionality of OSHA’s ETS Covid Regulations for Private Businesses, as well as CMS’s Covid Vaccine Mandate. In summary:
November 4, 2021
On November 4, 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued a draft of its long-awaited interim final rule (“IFR”) regarding mandatory Covid-19 vaccinations, which is expected to be formally published in the Federal Register on November 5, 2021. CMS establishes rules for participating in Medicare and Medicaid programs. The IFR applies to certain healthcare employers that…
September 14, 2021
Last week President Biden took employers by storm and released a six-pronged, national strategy called the “Path Out of the Pandemic.” This plan requires, among other things: (1) private employers with more than 100 employees to mandate that their workers be vaccinated or undergo weekly testing; (2) federal employees and contractors to be vaccinated; and (3) vaccinations for workers in most…
September 14, 2021
On September 9, 2021, President Joe Biden issued a comprehensive, national strategy called the Path Out of the Pandemic: President Biden’s COVID-19 Action Plan to combat the COVID-19 pandemic more aggressively. The Plan outlines a six-pronged approach to increase incentives and requirements to get vaccinated. Portions of the Plan will soon require all employees working for large private entities…
December 28, 2020
On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).
To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…
September 14, 2020
After Congress adopted the Families First Coronavirus Response Act, the U.S. Department of Labor issued a temporary rule that applied to healthcare employers. Specifically, the DOL determined that all employees of certain healthcare providers could be exempted from the new Emergency Family and Medical Leave and Emergency Paid Sick Leave entitlements. The exemption applied to all employees…
September 1, 2020
Just in time for schools to reopen, the Department of Labor has released additional guidance explaining when employees are entitled to leave to care for children whose schools will remain at least partially closed due to COVID-19. The Families First Coronavirus Relief Act (“FCCRA”) provides up to 12 weeks of partially paid leave for employees to care for a child whose school has closed due to…
August 13, 2020
The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days. Below is a summary of the CDC’s new guidance:
Additional Precautions: The…
August 7, 2020
A federal district court in New York recently ruled in favor of the State of New York and struck down key provisions from the U.S. Department of Labor’s rule implementing and interpreting the Families First Coronavirus Response Act (“FFCRA”). A summary of State of New York v. U.S. Dept. of Labor’s1 key holdings are as follows:
May 27, 2020
Although it’s been some time since many children have physically attended school, the school year is officially coming to a close across the country. No more virtual classes, at-home learning and parent-led studies (at least for a little while). Kids and parents/caregivers alike may be happy to get a break from what has been a unique couple of months as schools and families adjusted to at-home…
May 22, 2020
Inexplicably, wearing face masks during the COVID-19 pandemic has become controversial. We see viral videos of people claiming that their rights have been violated. Several instances have been reported where retail customers are challenging requirements to wear masks when patronizing a business. We see examples of customers stating that “the ADA prohibits you from requiring me to wear a mask.”…
January 14, 2022
On January 13th, the Supreme Court issued opinions in the companion cases concerning governmental vaccine mandates. Regarding the OSHA vaccine/testing mandates for private employers with 100 employees or more, the Supreme Court, by a 6 to 3 decision, stayed the OSHA vaccine mandate. The Supreme Court held that the parties opposing the mandate were “likely to succeed on the merits of their claim…
January 7, 2022
On Friday, January 7th, 2022, the Supreme Court heard oral arguments regarding the constitutionality of OSHA’s ETS Covid Regulations for Private Businesses, as well as CMS’s Covid Vaccine Mandate. In summary:
November 4, 2021
On November 4, 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued a draft of its long-awaited interim final rule (“IFR”) regarding mandatory Covid-19 vaccinations, which is expected to be formally published in the Federal Register on November 5, 2021. CMS establishes rules for participating in Medicare and Medicaid programs. The IFR applies to certain healthcare employers that…
September 14, 2021
Last week President Biden took employers by storm and released a six-pronged, national strategy called the “Path Out of the Pandemic.” This plan requires, among other things: (1) private employers with more than 100 employees to mandate that their workers be vaccinated or undergo weekly testing; (2) federal employees and contractors to be vaccinated; and (3) vaccinations for workers in most…
September 14, 2021
On September 9, 2021, President Joe Biden issued a comprehensive, national strategy called the Path Out of the Pandemic: President Biden’s COVID-19 Action Plan to combat the COVID-19 pandemic more aggressively. The Plan outlines a six-pronged approach to increase incentives and requirements to get vaccinated. Portions of the Plan will soon require all employees working for large private entities…
December 28, 2020
On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).
To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…
September 14, 2020
After Congress adopted the Families First Coronavirus Response Act, the U.S. Department of Labor issued a temporary rule that applied to healthcare employers. Specifically, the DOL determined that all employees of certain healthcare providers could be exempted from the new Emergency Family and Medical Leave and Emergency Paid Sick Leave entitlements. The exemption applied to all employees…
September 1, 2020
Just in time for schools to reopen, the Department of Labor has released additional guidance explaining when employees are entitled to leave to care for children whose schools will remain at least partially closed due to COVID-19. The Families First Coronavirus Relief Act (“FCCRA”) provides up to 12 weeks of partially paid leave for employees to care for a child whose school has closed due to…
August 13, 2020
The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days. Below is a summary of the CDC’s new guidance:
Additional Precautions: The…
August 7, 2020
A federal district court in New York recently ruled in favor of the State of New York and struck down key provisions from the U.S. Department of Labor’s rule implementing and interpreting the Families First Coronavirus Response Act (“FFCRA”). A summary of State of New York v. U.S. Dept. of Labor’s1 key holdings are as follows:
May 27, 2020
Although it’s been some time since many children have physically attended school, the school year is officially coming to a close across the country. No more virtual classes, at-home learning and parent-led studies (at least for a little while). Kids and parents/caregivers alike may be happy to get a break from what has been a unique couple of months as schools and families adjusted to at-home…
May 22, 2020
Inexplicably, wearing face masks during the COVID-19 pandemic has become controversial. We see viral videos of people claiming that their rights have been violated. Several instances have been reported where retail customers are challenging requirements to wear masks when patronizing a business. We see examples of customers stating that “the ADA prohibits you from requiring me to wear a mask.”…
