2021 Articles

The National Institute of Occupational Safety and Health (NIOSH), a division of the Centers for Disease Control and Prevention (CDC), recently issued guidance to employers on marijuana and workplace motor vehicle safety programs. Noting the increase in state laws legalizing medical and recreational use of marijuana, as well as the […]

Now that the stay on the vax-or-test ETS has been lifted, the Occupational Safety and Health Administration has plunged back into its implementation activities, including updating the FAQs. Of particular interest, OSHA has added a number of questions addressing the use of over-the-counter (OTC) tests. The ETS allows for the […]

The Biden Administration has issued a number of COVID-related mandates applicable to employers, including: (1) OSHA’s vax-or-test Emergency Temporary Standard (ETS) for larger employers; (2) OSHA’s ETS for healthcare employers; (3) Executive Order 14042 requiring vaccination of federal contractor employees; and (4) the CMS vaccination mandate for employees of Medicare- […]

Throughout the pandemic, the Equal Employment Opportunity Commission has continuously updated its COVID-19 Guidance to provide employers with assistance on issues arising under the antidiscrimination laws that it enforces. This month the EEOC added a new section, simply reminding employers of the existing prohibition on retaliation against employees for exercising […]

The U.S. Department of Labor has issued its final rule reinstating the 80/20 rules and further limiting the amount of an employee’s non-tipped work time for which the employer may take a tip credit. This final rule takes effect on December 28, 2021. Tipped Employees and the Tip Credit. Under […]

The Equal Employment Opportunity Commission updated its guidance document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, on October 13, 2021, to address vaccination developments and clarify certain issues. (On October 25, 2021, it also added a new section on Religious Accommodations, […]

In general, federal district courts have been rejecting challenges to employer vaccine mandates. The U.S. Court of Appeals for the First Circuit issued one of the strongest decisions yet, upholding Maine’s requirement for all state healthcare workers to be vaccinated against COVID-19. The requirement permits only medical exemptions and was […]

As federal contractors know, President Biden issued an Executive Order requiring the insertion of a clause into certain new, renewed and extended contracts that mandates compliance with Guidance issued by Safer Federal Workforce Task Force. The Guidance, which was issued on September 24, 2021, requires the vaccination of most of […]

This month, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued two GC memos providing guidance to Regional Offices concerning what remedies should be sought when an employer has violated the National Labor Relations Act (NLRA). Specifically, GC Abruzzho directs Regions to seek the “full panoply of remedies […]

The Safer Federal Workforce Task Force released mandatory guidelines for federal contractors, implementing President Biden’s Executive Order requiring contractor employees to be vaccinated against COVID-19 (as discussed in our September 10, 2021 E-lert). Who Must Comply? Not all contractors are covered by the Guidance. First, the Guidance applies to certain […]