Category Archives: HR Law

Vaccine Mandate Update

The Biden Administration’s various vaccine and testing mandates for employers with over 100 employees, certain healthcare providers, and federal contractors continue to face significant legal challenges. 

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), published on November 5, 2021 (86 Fed. Reg. 61402). The court ordered that OSHA “take no steps to implement or enforce” Read the rest

Court Temporarily Halts Vaccine Mandate

As employers work feverishly to get into compliance with the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) that would require employers to set a mandate for employee vaccination, on Saturday, November 6, the 5th U.S. Circuit Court of Appeals issued a temporary stay. Two days earlier (on November 4), the OSHA released details for how the government expects employers with 100 or more employees to comply with its vaccination mandate. These employers must ensure their workers Read the rest

Steps Taken to Require Coronavirus Vaccination

On September 9th, President Biden announced that the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) would require all employers with 100 or more employees to ensure their workforces are fully vaccinated or show a negative test at least once a week. In addition, the temporary rule will require covered employers to provide paid time off for the time it takes workers to get vaccinated or recover from post-vaccination side effects. In a White House statement, … Read the rest

EEOC Launches Resource Hub on Sexual Orientation, Gender Identity

The Equal Employment Opportunity Commission (EEOC) has launched a resource page on sexual orientation and gender identity. The page includes the EEOC’s position on what kinds of acts in the workplace can constitute employment discrimination or harassment based on sexual orientation or gender identity. It also links to the EEOC’s more detailed technical guidance document on this issue, provides a fact sheet on notable litigation the EEOC is following and includes litigation and enforcement statistics.Read the rest

Employers Warned Not to Overreact to CDC’s Mask Guidance

On May 13th, the Centers for Disease Control and Prevention (CDC) updated its guidance to say that fully vaccinated people can resume activities without wearing masks or physically distancing. The CDC clarified that this recommendation does not supersede federal, state, local, tribal, or territorial laws, rules, and regulations, nor does it override local business and workplaces rules. For those who were tired of wearing masks, this came as a welcomed reprieve. However, for others, it has been a cause for Read the rest

EEOC Offers New Guidance

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs.  The guidance was an attempt to address how federal equal employment opportunity (EEO) laws may be implicated by employer policies related to COVID-19 vaccinations.

The EEOC guidance said employers could require vaccination for those entering the workplace, with some exceptions related to the ADA and Title VII. The ADA requires employers to consider whether they … Read the rest

CDC’s Guidance for Fully Vaccinated Persons

In our last issue (May 2021) of Library Worklife, we asked readers to tell us what needed to happen for them to feel safe returning to work. The top responses were that people wanted libraries to require everyone to wear masks and socially distance within the library—even if local governments do not. However, the Centers for Disease Control (CDC) issued new guidelines for the fully vaccinated. Included in the guidance is the statement saying, “You can resume activities … Read the rest

COBRA Alert: Enhanced Benefits for Some Former Employees

Employers who attempted to reduce expenses by laying off employees should pay attention to this alert. You may be required to cover 100% of Consolidated Omnibus Budget Reconciliation Act (COBRA) premiums from April 1, 2021, through September 30, 2021, for some of your former employees. Last month President Biden signed into law the American Rescue Plan Act (ARPA), which provides essential health insurance benefits to specific eligible individuals. This brief alert explains who is eligible and what former … Read the rest

Have You Been Wrongly Terminated? Here’s What You Need to Know

During this pandemic, many people have lost their jobs. The pandemic has impacted employment in nearly all sectors of the economy. It has resulted in countless numbers of involuntary terminations without cause, which means employers have terminated employees for reasons beyond their immediate control. 

Being fired from your job without warning can be unsettling. But these days, being fired for a reason that has nothing to do with the pandemic can be quite distressing. Imagine being told at the Read the rest

OSHA Issues New Workplace Safety Guidance

In response to a directive from President Biden last month (Jan. 2021), the Occupational Safety and Health Administration (OSHA) issued what the Department of Labor (DOL) described as more robust worker safety guidance to advise employers during the COVID-19 pandemic. The new guide is titled Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. This guide helps employers and workers who are not healthcare professionals identify COVID-19 exposure risks and determine Read the rest