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As we previously reported, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) on mandatory COVID-19 vaccines on Nov. 4, 2021. Since then, a number of lawsuits have been filed challenging OSHA’s ability to enforce this ETS. Following a stay of those lawsuits by the Fifth Circuit Court of Appeals, the cases will be consolidated, and the Sixth Circuit Court of Appeals will rule on the fate of the ETS. Regardless of how the Sixth Circuit rules, the case is likely to be ultimately decided by the U.S. Supreme Court.
Continue Reading OSHA calls off enforcement of vaccine requirement – for now

The Occupational Safety and Health Administration (OSHA) has issued its Emergency Temporary Standard (ETS) mandating certain COVID-19 safety protocols. The ETS answers some of the questions employers have had while waiting for the standard.
Continue Reading OSHA issues emergency temporary standard: Mandates COVID-19 vaccination or testing for companies with over 100 employees company-wide

Businesses are beginning to reopen across the country, and as employees come back to work, employers are considering to what extent they can protect vulnerable employees who continue showing up for work in spite of the risk posed by COVID-19. The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance to address this question.
Continue Reading EEOC updates guidance on addressing health risks of COVID-19 vulnerable employees who do not ask for accommodation

As Ohio attempts to move forward during this pandemic, the Ohio Bureau of Workers’ Compensation (BWC) is doing the same. For example, the BWC has resumed the scheduling of medical exams where necessary, is using alternative methods such as file reviews when possible, and has provided guidance on telemedicine resources to assist with the continuation of benefits to injured workers. The BWC is also making efforts to ease the economic impacts to businesses related to the COVID-19 pandemic. Below are some highlights that employers, both self-insured and state-funded, should be aware of during this unprecedented time.
Continue Reading Ohio BWC pandemic-related developments

On April 8, 2019, the Ohio Bureau of Workers’ Compensation (BWC) published an updated Frequently Asked Questions (FAQ) page that specifically recognizes the potential compensability of COVID-19 claims as occupational disease claims. The BWC acknowledges that although communicable diseases like COVID-19 are typically not compensable, there is a possibility that the BWC could allow claims for this virus. When evaluating compensability, the BWC will consider how the disease was contracted and the nature of the claimant’s occupation. The BWC is careful to note that few jobs will have a greater risk of exposure than the general public which will be a hurdle for a claimant with a COVID-19 claim.
Continue Reading Updated Ohio BWC guidance regarding COVID-19 concerns

As the April 1, 2020 effective date for the Families First Coronavirus Response Act quickly approaches, the U.S. Department of Labor (DOL) continues to release guidance via a Q&A page through which the DOL illustrates how it will enforce the Act.

Some of this guidance has been discussed in earlier posts which you can find here and here. In addition, the DOL has provided the following new information.
Continue Reading Department of Labor’s Q&A page provides new information about enforcement of Families First Coronavirus Response Act

Ohio Governor Michael DeWine and Lt. Governor Jon Husted recently announced that the state has expanded unemployment compensation benefits to workers and businesses impacted by COVID-19. By way of background, Ohio’s unemployment insurance system provides 50 percent of a qualifying worker’s former average weekly pay, subject to caps based on the number of dependents in the household.

Governor DeWine has issued an executive order that expands unemployment benefits related to COVID-19. Moreover, the Ohio Department of Job and Family Services (ODJFS) has published a series of questions and answers related to the order. Here are the highlights:
Continue Reading Ohio expands unemployment compensation protections in response to COVID-19 pandemic

On Saturday, March 14 the U.S. House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act (“FFCRA”), by a bipartisan vote of 363-40. The bill now proceeds to the Senate, which is currently on recess but will return this week. The bill could be voted on as early as today. President Trump has signaled his approval for the bill, so it is likely to pass Congress in some form or fashion. The bill will take effect fifteen days after enactment. It will remain in effect until it expires under a sunset provision on December 31, 2020.
Continue Reading HR 6201 could provide employees with COVID-19 relief while changing the landscape of labor and employment law for employers