The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with at least 100 employees. In re: MCP No. 165, Occupational Safety & Health Admin. Rule on COVID-19 Vaccination and Testing,
Is COVID-19 a Disability? EEOC Provides Updated Guidance
On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance describes how the ADA’s three-part definition of disability (actual disability, record of disability or being regarded as an individual with a disability)
President’s Path Out of the Pandemic Adds Hurdles for Employers
On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan . The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers across the country. Read more about these new obligations.
OSHA Updates Non-Healthcare Employer Guidance on COVID-19
The Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, on August 13, 2021.
While embracing the Centers for Disease Control and Prevention’s (CDC) updated recommendations for fully vaccinated people in areas of substantial or high
DHHS and DOJ Issue Guidance on “Long COVID” As a Disability
On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with Disabilities Act (ADA), which apply to state/local government and public accommodations respectively, Section 504 of the
COVID-19 Pandemic New Year: What Employers Should Know
The country begins the second year of the COVID-19 pandemic with optimism because of three Emergency Use Authorization vaccines and President Joe Biden’s direction that all states make all adults eligible for vaccination by May 1, 2021. As more workers return to work in person, there are key considerations for employers in the coming months.
Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims
A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Jan. 7, 2021). Read more about this decision and considerations for employers here.
DOL Field Assistance Bulletins Clarify Telehealth and Telework Impact on FMLA Obligations
On December 29, 2020, the U.S. Department of Labor (“DOL”) issued two field assistance bulletins (“FABs”) aimed at clarifying obligations under the Family and Medical Leave Act (“FMLA”) in light of the prevalence of telework and telehealth.
The first FAB (No. 2020-07), Electronic posting for purposes of the FLSA, FMLA, Section 14(c) of the FLSA
EEOC Issues Guidance on Opioid Addiction in Employment
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids. They provide employers insight into how the EEOC envisions information exchange and accommodation efforts. Read more.
DOL Publishes New FMLA Forms, Signals More to Come with Expansive Request for Information on FMLA
On July 16, 2020 the Department of Labor (“DOL”) unveiled its new FMLA forms. As we previously reported, the DOL announced its plan to revamp the forms in August 2019. However, the DOL made further revisions to the August 2019 drafts based on public comments. The new forms can be used to comply with