In a 2–1 decision, the US Sixth Circuit Court of Appeals dissolved the stay that had prevented implementation of the OSHA Emergency Temporary Standard (ETS) requiring COVID-19 vaccination or testing. Within hours of that decision, numerous emergency appeals were filed with the US Supreme Court asking that the stay be put back in place pending Supreme Court review. Justice Kavanaugh set a deadline of 4 p.m. Dec. 30 for the Biden administration to respond to the appeals.
Continue Reading OSHA ETS ‘Vaccine or Test’ Mandate for Private Employers (100 or more employees) Is Back in Play
New Florida Law Requires Employers to Give Employees Multiple, Potential Exemptions to Any Mandatory Vaccine Requirement
Yesterday, November 18, 2021, Florida Governor Ron DeSantis signed legislation designed to give employees numerous COVID-19 vaccination exemptions to use to avoid any mandatory vaccination policy their employers seek to impose. Specifically, private employers must grant exemptions for: health or religious concerns; pregnancy or anticipated future pregnancy; past recovery from COVID-19; periodic testing or using
OSHA Suspends ETS Mandate
Yesterday, November, 17th, OSHA officially suspended all activities regarding the implementation and enforcement of the recent ETS establishing the COVID-19 vaccination/testing mandate for employers. OSHA did this in response to the current injunction and in recognition of the fact that the viability of the ETS will take some time to work its way
The Suspense is Over — OSHA Finally Releases its COVID Vaccination/Testing Rule — What it Means for You?
Today, the Occupational Safety and Health Administration (OSHA) issued its much-anticipated emergency temporary standard (ETS) addressing COVID-19 vaccination and testing. Unlike other OSHA standards that count employees on an “establishment” basis, the ETS covers any private employer with 100 or more employees across the entire company. This broad definition is much more inclusive and will affect many more employers than many previous OSHA standards. Part-time, full-time, and remote employees are all included in the count. The new ETS applies to all employers with 100 or more employees except for those covered by the Executive Order on Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors and those covered by the Healthcare ETS.
Continue Reading The Suspense is Over — OSHA Finally Releases its COVID Vaccination/Testing Rule — What it Means for You?
Jones Walker’s Labor & Employment Group Presents Webinar: The New Federal COVID-19 Vaccine/Testing Mandate – What It May Mean for You and How to Plan Accordingly
On September 9, 2021, President Biden issued his “COVID-19 Action Plan” that orders OSHA to establish a rule to mandate COVID-19 vaccines or weekly testing for all employers with 100 or more employees. The plan also includes an Executive Order with similar requirements for certain federal contractors. While many questions remain regarding what the final
Recent OSHA Update Targets Restaurant Industry
Occupational Safety and Health Administration (OSHA) has recently updated its COVID-19 response plan. Last year, OSHA focused much of its COVID-19 related attention on healthcare, elderly care, and prisons. This new Updated Interim Enforcement Response Plan for COVID-19 and National Emphasis Program — Coronavirus Disease 2019 (COVID-19) guidance shifts its focus to other industries where OSHA feels there could be spread of COVID-19. As part of the guidance, OSHA specifically targeted full-service and limited-service restaurants for inspections.
Continue Reading Recent OSHA Update Targets Restaurant Industry
DOL Issues Guidance on COVID-19 Claims Handling under LHWCA
Several questions have arisen on how to make claims and handle worker compensation claims arising from COVID under the LHWCA , 33 USC 901 et seq. The Department of Labor (DOL) has issued the following guidance to employees and guidance to employers and insurance carriers on how to handle claims under the Longshore and Harbor
Spell Quoted on COVID-19 Mandatory Vaccinations Article in Greater Baton Rouge Business Report
Maggie Spell, a partner in the Labor & Employment Practice Group, was recently quoted in the Greater Baton Rouge Business Report article “Mandate or Not? The Question Vexing Employers Over COVID-19 Vaccine.” Maggie explains that as vaccines become more readily available, employers should consider the possible courses of action for vaccinations in their
DOL Eases FMLA Compliance Regarding Telemedicine Visits and Required Postings
On December 29, 2020, the Department of Labor (DOL) issued two guidance bulletins addressing compliance with the Family and Medical Leave Act (FMLA). The first made clear that telemedicine visits will permanently[1] be allowed as an FMLA-approved visit if certain conditions are met. The second permits employers to provide FMLA-required postings electronically to employees when the work is being performed remotely.
Continue Reading DOL Eases FMLA Compliance Regarding Telemedicine Visits and Required Postings
The Pandemic Is Far from Over, but I-9 “Flexibility” Might Be
You’re probably used to having Plan A, Plan B, and a plethora of contingency plans to deal with the many challenges posed by the pandemic. Because the government has not decided whether to extend the “flexibility” given to employers with respect to the verification of I-9 documents, employers might need to be ready for the procedures to return to “normal.”
Continue Reading The Pandemic Is Far from Over, but I-9 “Flexibility” Might Be