Originally published in June of last year, and as reported by Ballard Spahr here, the OSHA Healthcare Emergency Temporary Standard (“ETS”) set safety requirements for health care and health care support service workers in settings where people with COVID-19 are reasonably expected to be present. The ETS expired after six months, on December 21,
Denise M. Keyser
Supreme Court Weighs In On Retirement Plan Sponsor Duties Under ERISA
This week, in Hughes et al. v. Northwestern University et al., the U.S. Supreme Court held that the Employee Retirement Income Security Act (ERISA) imposes a duty of prudence on fiduciaries that includes a continuing duty to monitor investments and remove imprudent investments in a reasonable time. The defined contribution plans at issue each…
Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted
The Biden Administration’s action plan to overcome the pandemic saw major setbacks this week as courts around the country halted the administration’s mandatory COVID-19 vaccination policies for federal contractors and subcontractors and health care workers.
Specifically, on September 24, 2021 the Biden Administration issued guidance to supplement a previously issued Executive Order, in effect requiring…
EEOC Supplements Guidance on Religious Objections to Workplace Vaccine Mandates
On Monday, as it has done periodically throughout the pandemic, the Equal Employment Opportunity Commission (“EEOC”) updated its now-lengthy technical assistance related to COVID-19. This new guidance comes as U.S. employers increasingly have abandoned encouraging or incentivizing vaccinations for their workforces in favor of vaccine mandates, in an effort to get their employees back to…
OSHA Sends Vaccine Mandate Rule to White House for Final Review
On Tuesday evening, Occupational Safety and Health Administration (OSHA) sent its proposed vaccine mandate to the White House for final review. OSHA’s proposed rule was drafted in response to President Biden’s September 9 request that OSHA require companies with 100 or more employees to mandate coronavirus vaccinations or weekly testing. Based on the President’s request…
NEW JERSEY LAW AGAINST DISCRIMINATION AMENDED TO PROTECT EMPLOYEES 70 OR OLDER
On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law Against Discrimination (“NJLAD”) in a several important ways. First, the amendments remove language from the NJLAD that previously permitted employers…
NLRB Will See a Shift in Majority After Senate Confirms Wilcox and Prouty to Board Seats
Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will mean re-visiting much of the Board precedent established under the Trump-era Board (which, in turn, had overturned many of the …
U.S. Supreme Court Declines Cert in Fourth Circuit Transgender Student Case
Last week the Supreme Court denied certiorari in Grimm v. Gloucester County School Board, a case involving transgendered students and schools’ discriminatory bathroom usage policies. In the case, plaintiff Gavin Grimm attempted to use the boys’ bathrooms but Gloucester High School in Virginia barred him from doing so because he was assigned female at…
Pennsylvania and Philadelphia Tax Updates: Considerations for Post-COVID Remote Work
Employers in Pennsylvania and Philadelphia should take note of new guidance from the Pennsylvania and Philadelphia Departments of Revenue regarding employment tax withholding and the implications of continued remote work in a post-COVID world. See here for the full Alert from Ballard’s Tax Group.
OSHA COVID-19 ETS Effective Immediately
OSHA’s COVID-19 Emergency Temporary Standard (ETS) has been published in the Federal Register, and becomes effective today. As we reported in detail here, most provisions of the ETS must be met within 14 days of the date of publication (i.e., July 6, 2021), but employers will have until July 21, 2021 (30 days total)…