In honor of the 31st anniversary of the enactment of the Americans With Disabilities Act (“ADA”) on July 26, the Biden Administration has announced the release of a package of guidance and resources relating to applicability of disability-related laws and regulations to people with long COVID, sometimes referred to as “COVID Long-Haulers.”
Continue Reading Biden Administration Marks ADA Anniversary by Releasing Long COVID Disability Guidance

Houston Methodist Hospital was sued earlier this year by 117 unvaccinated employees.  The workers claimed that the hospital’s mandatory vaccination policy violated public policy because the vaccines at issue were approved by the FDA under an Emergency Use Authorization (EUA) rather than through the typical lengthier process.  The workers alleged that they were being forced to serve as human guinea pigs, arguing that the hospital was making them “participate in an experimental vaccine trial  as a condition for continued employment.”

Continue Reading Judge Dismisses Hospital Workers’ Law Suit Over Mandatory COVID-19 Vaccinations

If there is anything we have learned from the COVID-19 pandemic, it is that the more things stay the same, the more they change.  That’s right.  Most of us have adopted a “wait and see” attitude when it comes to questions like masks on or off, mandating vaccines or strongly suggesting, and how much information can we actually seek from employees.  After all, we haven’t always seen consistent guidance coming from state and federal agencies like CDC, EEOC and OSHA or state and local public health authorities. So we cautiously await new information before making any significant policy changes, especially when workplace and community safety are implicated.

Continue Reading EEOC Updates and Clarifies Vaccine Guidance

Beginning on May 28, 2021 and extending through the end of September, Massachusetts employees will be eligible for up to 40 hours of Emergency Paid Sick Leave providing paid time off for qualifying reasons related to the COVID-19 pandemic.

Continue Reading Massachusetts Enacts Temporary Emergency Paid Sick Leave Law Extending COVID-19 Paid Time Off Through September

Governor Charlie Baker announced on Tuesday, April 27 that as of April 30 masks will no longer be required in outdoor settings. Social distancing, however, must still be maintained.

Effective Monday, May 10, large indoor and outdoor venues will be allowed to increase capacity to 25%. Effective May 29, various other venues such as bars

On April 7th, the United States Department of Labor issued detailed guidance and model notices to assist employers in implementing the COBRA premium assistance requirement under Section 9501 of the American Rescue Plan Act of 2021 (the ARP).

The ARP requires employers to provide a 100 percent COBRA premium subsidy – between April 1, 2021 and Sept. 30, 2021 – for employees whose reduction in hours or involuntary termination of employment makes them eligible for COBRA continuation coverage during this period. An employer or plan to whom COBRA premiums are payable, advances the COBRA premium and is then entitled to a tax credit for the amount of the premium assistance provided.


Continue Reading American Rescue Plan Act of 2021 Requires Employers to Pay Employee COBRA Premiums Until September 30, 2021

President Biden signed the American Rescue Plan Act of 2021, a $1.9 trillion stimulus package, into law. This post provides details of the bill which includes stimulus checks for individuals earning below certain income thresholds, aid to state and local governments, and money to support vaccine and testing programs, among other things.

This post provides an overview of the aspects of the plan which specifically affect workplaces.


Continue Reading The American Rescue Plan Act of 2021: What Does It Mean for Employers?

The Centers for Disease Control and Prevention (CDC) today issued interim recommendations – https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html – for fully vaccinated people.  As more individuals have access to the three COVID-19 vaccines being administered under Emergency Use Authorization (EUA), individuals and employers are wondering what that means in terms of gatherings, work, and travel.  The CDC has indicated that what was published is an interim set of recommendations subject to review and modification based on the level of community spread of the virus, the proportion of the public which is fully vaccinated, and the rapidly evolving science on vaccines.

Continue Reading So, You’ve Gotten the Vaccine, Now What? The CDC Has Some Advice

Beginning February 11, the Biden Administration has launched a “Federal Retail Pharmacy Program” for COVID-19 vaccines. The is a public/private partnership which involves over 40,000 pharmacy locations across the country.

The CDC worked with states “to select initial pharmacy partners.” One criterion was the proximity of the pharmacy to more “at risk” populations.

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