As we prepare to turn the calendar to 2022, employers should be aware that in the last half of 2021, the United States Equal Opportunity Commission (“EEOC”) has tackled the hot topics of LGBTQ+ rights and technology/artificial intelligence. Briefly, here is what the EEOC has been up to in that regard: LGBTQ+ Rights Earlier this … Read more
Just days ago, the Occupational Health and Safety Administration (OSHA) issued its anticipated federal standard for mandating the COVID vaccine. Briefly, the emergency temporary standard (ETS) requires employees of private employers with more than 100 employees to be vaccinated for COVID or submit to regular COVID testing. Here is a summary of the key features … Read more
The EEOC posted updated and expanded technical assistance yesterday related to the COVID-19 pandemic to address questions about religious objections to employer COVID-19 vaccine requirements under Title VII. The updated technical assistance covers how Title VII applies when an applicant or employee requests an exception from an employer’s COVID-19 vaccination requirement that conflicts with their … Read more
The State of Maine is the winner of the latest round in the battle over COVID vaccine mandates. On October 19, the First Circuit refused to strike down a regulation that requires Maine health care workers to be vaccinated against COVID-19. What is interesting about the decision was that the regulation did NOT contain a … Read more
Regardless of whether you agree with President Biden’s new testing/vaccination policy for private employers with more than 100 employees, the Administration’s new approach to protect public health does present notable federalism and separation of powers issues under the Constitution. Briefly, the Administration will be requiring private employers to test all their employees for COVID-19 every … Read more
Nearly a year and a half since the pandemic began, and government continues to revise guidance and rules for businesses who must continue working in a challenging environment. COVID continues to impact our everyday lives, at home and at work. Just when we think we understand the virus and have it under control, things change … Read more
The COVID-19 pandemic has certainly caused substantial interruption to business these last 18 months. The legal question from nearly the beginning has been whether the business losses arising from the viral spread constitute covered “business interruption” losses resulting from a covered cause under those insurance policies that cover losses stemming from “physical property damage”. According … Read more
Back in March we warned that the U.S. Department of Labor might make further revisions to the tip credit rules promulgated at the end of the Trump administration. That warning has now become reality. Late in June 2021, the DOL announced yet another proposed new rule to the Federal regulations governing when an employee may … Read more
The EEOC today has confirmed that an employee’s vaccine status is confidential medical information under the ADA (although it may not be under HIPAA). Here is the EEOC’s statement in that regard: K.4. Is information about an employee’s COVID-19 vaccination confidential medical information under the ADA? (5/28/21) Yes. The ADA requires an employer to maintain the … Read more
Businesses are probably reaching for their seatbelts as they continue to adjust to the whiplash associated with a new Presidential administration. These changes to the law have become more common given that increasingly legal guidance is driven by executive action rather than legislation. Most recently, we have seen the whiplash arise in the context of … Read more