Red Sox or Yankees? Hamburgers or hot dogs? In the office or work from home? While some debates have been around for many years, the debate over whether employees should be required to be back in the office or be permitted to work from home continues for both private and public employers.
COVID-19 has presented employers with leave challenges not only for those currently suffering from COVID-19, but also for employees who have lingering residual symptoms, sometimes referred to as “long COVID.” While the effects of routine COVID-19 cases often have a limited impact on the workplace, more difficult accommodation issues can result from long COVID.
Continue Reading Long COVID implications under FMLA and ADA
The COVID-19 pandemic took its toll on the mental health of employees. Employees struggled to adjust to the multiple burdens of working from home, caring for family members and achieving work-life balance.
Continue Reading Mental health claims on the rise: New normal for disability-related charges?
As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers — whether they are caring for children, a spouse, an individual with a disability or older relatives. …
Continue Reading Caring for caregivers: Understanding caregiver discrimination under federal laws
The U.S. Equal Employment Opportunity Commission (EEOC) has received thousands of claims related to the COVID-19 pandemic. The majority of these claims are related to disability discrimination and accommodations. …
Continue Reading EEOC receiving influx of COVID-19 related claims
As the rate of COVID-19 cases continues to trend downward in most parts of the country, and employers begin to relax mask policies and encourage employees’ return to the office, COVID-19-related issues remain at the forefront — including employee vaccination status. On March 1, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance regarding religious objections to employer vaccine requirements.
Continue Reading EEOC issues guidance on COVID-19 vaccine religious accommodation requirements
Not unexpectedly, the federal Occupational Safety and Health Administration (OSHA) officially has withdrawn the Emergency Temporary Standard (ETS) calling for mandatory COVID-19 vaccination or testing by employers of over 100 employees. …
Continue Reading OSHA withdraws COVID-19 ETS; But do not count OSHA out entirely
On Jan. 13, 2022, the United States Supreme Court struck down the Biden administration’s vaccine-or-test requirement for employers with 100 or more employees.
Continue Reading Supreme Court shoots down Biden administration COVID-19 vaccine rule: So what’s next?
As we recently reported, on Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Shortly after the Sixth Circuit’s decision was issued, several opponents of the ETS petitioned the Supreme Court to issue an emergency stay to block OSHA from enforcing the rule. …
Continue Reading Opponents of OSHA COVID-19 vaccination and testing rule appeal to Supreme Court
As we previously reported, on Nov. 12, 2021, the Fifth Circuit Court of Appeals blocked the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) and ordered OSHA to take no steps to implement or enforce the ETS. After that, several lawsuits challenging the ETS were consolidated in the Sixth Circuit Court of Appeals, and OSHA filed a motion to dissolve the stay issued by the Fifth Circuit. On Dec. 17, 2021, the Sixth Circuit lifted the stay on the ETS, allowing OSHA to begin enforcing the rule.
Continue Reading OSHA COVID-19 vaccination and testing rule reinstated