Earlier this year, OSHA issued Guidance on Preparing Workplaces for COVID-19, an educational reference designed to advise employers in all industries on implementing engineering, administrative, and work practice controls and personal protective equipment (PPE). The guidance is purely advisory and does not create new legal obligations. Nevertheless, now that OSHA is turning its attention to…

Read More

With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel business realities and pre-existing legal frameworks lacking clear guidance in the face of COVID-19. Under existing federal law and regulations, employers may be able…

Read More

Employers can require proof that employees have received a COVID-19 vaccine — with some exceptions, the U.S. Equal Employment Opportunity Commission (EEOC) said in Dec. 16 guidance. COVID-19 vaccinations approved by the Food and Drug Administration do not constitute medical examinations under the Americans with Disabilities Act (ADA), EEOC said, but certain inquiries could implicate the…

Read More

Recruiting and hiring is the top concern for HR professionals going into next year, according to Nov. 19 survey results from XpertHR; nearly two-thirds of the 563 responding organizations rated this topic as “somewhat” or “very” challenging. Other top concerns included workforce planning, health and safety at the workplace, and employee leave, which were all rated “somewhat” or “very” challenging by…

Read More

Whether they have remained open during the COVID-19 pandemic or sought to reopen after pandemic-related closures, employers have had to monitor the constantly evolving and often confusing guidance from the Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC) and other federal and state entities. OSHA has recently fined numerous…

Read More

The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers. In early May, we predicted an uptick in a variety of claims, including those relating to workplace safety, discrimination in furlough and…

Read More

The pandemic-induced recession has forced many to access their long-term savings to combat short-term financial pressures, according to numerous sources. Prior to the COVID-19 pandemic, retirement preparedness and financial health were common concerns for U.S. workers. Now, a recession has forced many to dig into their long-term savings for short-term needs. Federal lawmakers recognized that…

Read More

The post-pandemic landscape may be a very different one, especially with respect to leave and accommodations, experts are saying. It’s a familiar scene for anyone who has spent time in an office: Leadership calls an all-hands meeting and droves of employees pile into the main conference room, dragging in chairs and getting cozy. But COVID-19…

Read More