On January 7, 2022, the U.S. Supreme Court will hear arguments on the federal vaccine mandates for employers with 100 or more employees and for healthcare facilities receiving federal funds.  The Court has ordered additional briefing on the issues and has set one hour for oral argument.

The Occupational Safety and Health Administration (“OSHA”) released

Employers have been asking for months whether they may mandate employees to get a COVID-19 vaccine.  According to the EEOC’s recent guidance, the short answer is “yes,” but with certain legal limitations.  Employers considering a policy on vaccinations should make sure they review this current guidance.

On December 16, 2020, the EEOC updated its Q&A

On August 27, 2020, New Hampshire updated both the Universal Guidelines for All New Hampshire Employers and Employees and the New Hampshire COVID-19 General Travel and Quarantine Guidance, & Employer Screening and Exclusion Criteria.  These documents apply to “all businesses, organizations, and individual business operators for the operation of their business” and must be

While employers may require testing for COVID-19 before employees return to work, the Equal Employment Opportunity Commission (EEOC) has confirmed that employers are prohibited from requiring antibody testing before allowing employees back into the workplace.

The Americans With Disabilities Act (ADA) allows employers to inquire into an employee’s disability and conduct mandatory medical tests of

The U.S. Department of Labor (DOL) has launched a national online dialogue to obtain feedback on “Opening America’s Workplaces Again.” Businesses and workers are invited to participate in this new public forum and to provide comments through May 7, 2020. Specifically, the DOL seeks ideas and recommendations on what challenges employers and workers may face with a return to work and what companies and employees can best do to reopen workplaces safely. The information obtained will be used to guide the DOL in developing compliance assistance materials for return to work and to assist lawmakers in drafting policy on reopening businesses.Continue Reading DOL Invites Feedback On Opening America’s Workplaces Again

During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC)  is delaying the issuance of “Notice of Right to Sue” letters to workers. While not publicly announced by the agency, officials have confirmed this practice to advocacy groups and media outlets.

The Notice of Right to Sue letter begins the clock ticking as to when plaintiffs must bring a lawsuit against a company for discrimination under federal law. Specifically, once workers receive this EEOC notice, they have 90 days to file a complaint in federal or state court. The 90 days deadline to file in court is a statutory deadline that must be met and cannot be changed by the EEOC.  On the other hand, when the notice that triggers this statutory clock is sent to workers is within the control of the EEOC.  It appears that the EEOC is taking this opening.Continue Reading LITIGATION: EEOC DELAYS RIGHT-TO-SUE LETTERS AND REMINDS EMPLOYERS ABOUT ANTI-DISCRIMINATION LAWS

On April 1, 2020, the U.S. Department of Labor’s Wage and Hour Division posted temporary regulations for the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) to provide employers with guidance to administer these two new paid leave laws under the Families First Coronavirus Response Act (FFCRA). The rule became operational on April 1, 2020 and is set to expire on December 31, 2020.  The final rule (29 CFR § 826) officially published in the Federal Register today, April 6, 2020.

FFCRA, as amended by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), authorizes the Secretary of Labor to issue regulations “as necessary, to carry out the purposes of this Act, including to ensure consistency” between the EPSLA and the EFMLEA. This blog attempts to highlight only some of these rules.  Other posts on the requirements of FFCRA, including DOL guidance to date, can be found at the McLane Middleton’s Coronavirus Resource page.Continue Reading DOL Regulations Offer Employers Guidance For Implementing Paid Leave Under the Families First Coronavirus Response Act (FFCRA)