In the face of the COVID-19 emergency, employers are struggling with many questions about the impact in the workplace. This document provides answers to many Frequently Asked Questions. As this is a fast-moving and volatile situation, we will be constantly updating this document. New information as of March 27, 2020 will be shown in red.

At least according to the U.S. Court of Appeals for the Seventh Circuit, in rejecting a doctor’s request for an order to reinstate him to his position at a hospital pending resolution of his discrimination lawsuit. In Halczenko v. Ascension Health, Inc., the doctor, who objected to the COVID vaccine […]

On March 1, 2022, the Equal Employment Opportunity Commission revised its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws resource to add new Q&As about requests for religious exemptions to COVID-19 vaccine mandates. Of significance are the following points: Employees Must Request […]

“Caregivers” (e.g. individuals who care for other family members) are not technically a protected class under current federal antidiscrimination law, but the Equal Employment Opportunity Commission has issued new guidance and updated its “What You Should Know About COVID-19” resource on when it believes that discrimination against caregivers may implicate […]

As of January 15, 2022, employer-sponsored group health plans (as well as insurance companies) are required to fully cover eight over-the-counter at-home tests per covered individual per month, as explained in DOL guidance. These tests must be for personal, and not employment, purposes. If ordered or administered by a health […]

[UPDATE – The DOL seems to have removed the fact sheet from its website – but we captured a printout. We also note that the fact sheet referenced the Vax-or-Test ETS as if it were still in existence; perhaps that’s why it was pulled. Be warned that the printout is […]

A COVID-19 infection, in and of itself, is not necessarily a disability that triggers employee rights under the Americans with Disabilities Act – but there are circumstances when it can be, including for individuals experiencing long-term symptoms of COVID-19 (a condition with many names, such as “long COVID,” “post-COVID,” “long-haul […]

Many employers and employees alike believe that the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) protects the employee’s vaccination information. It does not. In fact, the Privacy Rule does not apply to employee medical information in the employment context, as the U.S. Department of Health and […]

Trying to stay on top of federal workplace guidance on COVID-19 is confusing and challenging for employers, and the Occupational Safety and Health Administration (OSHA) has just changed the playing field again – although the new guidance is intended to conform with the Center for Disease Control and Prevention’s (CDC) […]

The U.S. Department of Labor’s Wage and Hour Division (WHD) has updated its COVID-19 and the Fair Labor Standards Act: Questions and Answers, initially issued in July 2020, to incorporate additional information that has become relevant as the pandemic has continued. As we originally discussed in our July 20, 2020 […]