Labor & Employment News Alert

Potential Showdown Between State Exemptions to COVID-19 Vaccination and Federal Vaccine Mandates in West Virginia.

February 18, 2022

Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with  employers’ ability to implement mandatory…

Supreme Court Issues Ruling on OSHA and CMS Vaccine Mandates

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…

Supreme Court Hears Oral Arguments Regarding OSHA's Vaccine Mandate. What Does That Mean?

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:

• OSHA ETS Covid Regulations: A number of the Justices asked questions and expressed concerns regarding the breadth of the OSHA regulations and whether the broad issue was one reserved for…

CMS Issues Draft Interim Final Rule Regarding Mandatory COVID Vaccines

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…

Biden's Vaccine Mandates: What Does This Mean for Employers?

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…

UPDATED Biden's Vaccine/Testing Mandates: What Does This Mean for Employers?

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…

Families First Coronavirus Response Act Paid Leave Benefits Extended (sort of)

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…

Attention Healthcare Employers:  The U.S. Department of Labor Issues New Guidance Regarding the “healthcare provider exemption” under the Families First Coronavirus Response Act.

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…

DOL Offers Guidance on FFCRA Leave and School Reopening Plans

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…

UPDATED - CDC Critical Infrastructure Guidance

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…

A New York Federal Court Strikes Certain Department of Labor (“DOL”) Regulations Regarding Paid Leave Under the FFCRA

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:

1. The district court struck down the DOL’s work availability requirement.…

School’s Out for Summer: Do Employees Still Get Paid Leave?

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…