Mandating Vaccination Mandates? What Biden’s COVID-19 Action Plan Means for Employers

On September 9, 2021, President Biden issued COVID-19 Action Plan that, among other things, (1) directs the Occupational Safety and Health Administration to issue an Emergency Temporary Standard requiring employers with 100+ employees to mandate vaccinations or weekly testing for their workforce; (2) requires those larger employers to provide paid time off to get vaccinated […]

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D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees

A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S. Court of Appeals for the D.C. Circuit. In September 2019, the National Labor Relations Board […]

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Again? What Employers Need to Know About OSHA’s Latest Update to Its COVID-19 Workplace Guidance

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) recently-revised recommendations for fully-vaccinated individuals […]

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New NLRB General Counsel Signals Major Changes Ahead

On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays out a clear agenda…on some priorities of the Office of the General Counsel.” The memo directs NLRB field offices to submit cases addressing […]

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U.S. DOJ States that Emergency Use Authorization Does Not Preclude Vaccine Mandates

The U.S. Department of Justice (DOJ) has released an opinion (originally prepared on July 6, 2021 for the Deputy Counsel to the President) definitively stating that the Emergency Use Authorization (EUA) statute, under which current COVID-19 vaccines were approved by the Food and Drug Administration (FDA), “does not prohibit entities from imposing vaccination requirements” including […]

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President Biden Issues Challenging Executive Order Seeking to Ban or Limit Non-Competes, Occupational Licensing Requirements, and Wage-Sharing

On July 9, 2021, President Biden signed a wide-ranging Executive Order intended to promote competition in the American economy. The E.O. contains 72 initiatives across the whole of government, several of which have a direct employment impact – specifically on non-compete agreements, occupational licensing requirements, and wage-sharing activities between employers. In a fact sheet, the […]

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SOGI (Sexual Orientation and Gender Identity) Discrimination? The EEOC Offers Guidance

Coining a new acronym (which we are not sure how to pronounce), the federal Equal Employment Opportunity Commission announced new resources regarding LGBTQ+ workplace rights on June 14, 2021 – the anniversary of the landmark Bostock v. Clayton County, Ga. decision in which the U.S. Supreme Court ruled that Title VII’s prohibition on “sex discrimination” in […]

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OSHA’s COVID-19 Emergency Temporary Standard for Healthcare Employers Contains Some (Unpleasant) Surprises

In conjunction with updating its COVID-19 guidance for employers generally (discussed in a prior E-lert), on June 10, 2021, the federal Occupational Safety and Health Administration (OSHA) issued a long-awaited COVID-19 Emergency Temporary Standard (ETS) – but limited its coverage only to employers providing healthcare services or healthcare support services. The ETS imposes significant responsibilities […]

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OSHA’s COVID-19 Updated Workplace Guidance – What Employers Need to Know

On June 10, 2021, the federal Occupational Safety and Health Administration issued updated guidance for businesses on COVID-19 prevention and mitigation – taking into account the impact of vaccinations – along with a long-awaited Emergency Temporary Standard (ETS) applicable only to healthcare (which is not discussed in this E-lert). Of particular note regarding the guidance, […]

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Maryland Employers and Current COVID-19 Considerations: Workplace Safety Standards, Vaccinations, Masking, Paid Leave, and More

Workplace guidance on COVID-19 keeps shifting at the federal and state level, which poses a challenge for all employers. For Maryland businesses, we thought it might be helpful to summarize where we stand as of early June 2021. Although Maryland remains in a state of emergency, at this time, the Governor has lifted many of […]

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