COVID-19

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With the availability of COVID-19 vaccines on the horizon, employers are wondering whether they can or should require employees to receive a vaccine. After all, there could be significant benefits for the operations of many businesses if employees are vaccinated against COVID-19.

There are no federal or state laws which prohibit an employer from mandating that employees receive vaccinations, including influenza or pandemic influenza vaccines. However, while employers may mandate influenza vaccines under certain circumstances, there are two primary exceptions to this principle that have been identified by the federal Equal Employment Opportunity Commission (“EEOC”): (1) when an employee has a qualifying disability under the Americans with Disabilities Act (“ADA”) that prevents the employee from being vaccinated; and (2) when an employee has a sincere religious belief that prevents the employee from being vaccinated.Continue Reading Should Employers Mandate COVID-19 or Flu Vaccines?

As Thanksgiving and what is traditionally the busiest holiday travel period approaches, COVID-19 numbers are rising, and state governments are doubling down on travel and quarantine restrictions.

The State of NH revised its travel guidance on November 12, 2020 changing the quarantine period for those NH residents who travel internationally (including to/from Canada); on a cruise ship; or domestically outside of the New England states for non-essential purposes.  Essential travel includes travel for work, school, personal safety, medical care, care of others, parental shared custody, for medication, and brief trips for take-out food and groceries.  Of course, the guidance continues to discourage business from allowing business-related travel for non-essential purposes.Continue Reading States Issue New Travel and Quarantine Restrictions in Advance of Thanksgiving Holiday

Governor Sununu issued Emergency Order #74 (the “Order”) on November 19, 2020 mandating the wearing of masks or cloth face coverings in indoor and outdoor public spaces where individuals are unable to or inconsistently maintain a physical distance of six feet from persons outside their own household. The order takes effect on November 19, 2020. Relevant portions of the Order are summarized below:

  • All persons over the age of 5 in the State of New Hampshire are covered by the Order.
  • “Public spaces” includes any part of public or private property that is generally accessible to the public including lobbies, waiting areas, restaurants, retail businesses, streets, beaches, parks, elevators, restrooms, and parking areas.
  • Municipalities are free to enact ordinances which are stricter than the Order.
  • The Order does not override any provision of industry specific guidance related to face coverings referenced in Emergency Order #52.  Where there is a conflict, the industry specific guidance controls.

Continue Reading Governor Sununu Issues Emergency Order Mandating Masks

The Centers for Disease Control and Prevention (CDC) recently updated the definition of “Close Contact.” Among other things, the new definition effects the close contact and monitoring process recommended by the CDC.

The term “Close Contact” is now defined as:

Someone who was within 6 feet of an infected person for a cumulative total of…

The Centers for Disease Control and Prevention (CDC) have recently issued guidance for Thanksgiving celebrations in light of the continuing risks associated with COVID-19 exposure. The CDC recommends that: “Staying home is the best way to protect yourself and others.” The CDC believes that having a small dinner with just household members is the safest…

This school year is going to be different – very different.  Due to the ongoing coronavirus pandemic, school districts in the region are still developing their plans which include elements of both remote learning and some in-person learning with restrictions regarding mask-wearing, hygiene, and social distancing.  With parents making up about one-third of the workforce nationally, employers and employees are facing a lot of new challenges as students prepare to resume school.
Continue Reading How Can Employers Support Working Parents This School Year?

As states begin to reopen their economies following months of shutdowns related to the COVID-19 pandemic, many employers are wrestling with challenging questions about how to bring their employees back in a safe and responsible manner.

New guidance from the Equal Employment Opportunity Commission (“EEOC”) provides some insight about what employers can and cannot do in connection with bringing certain vulnerable employees back to the workplace.Continue Reading EEOC Offers Guidance for Accommodating Older Workers and Pregnant Employees in Return to Work Following Pandemic-Related Closures

In mid-March the work world as we know it changed due to the COVID-19 emergency orders.   Many employers were forced to make immediate decisions about things previously unknown to them like furloughs, wage reductions, providing Personal Protective Equipment, applying for loans to cover payroll, and ensuring the safety of essential workers.  Now the focus is on return to work plans and providing a safe place for employees, customers, and vendors in order to return to something as close as possible to “business as usual.”
Continue Reading Post-COVID-19 Employment Litigation is Coming: How Can Employers Avoid It?