COVID

On December 14, 2021, the EEOC updated its COVID-19 Technical Assistance manual Technical Assistance manual to address when employees who contract COVID-19 are covered under the Americans with Disabilities Act (“ADA”). The ADA generally prohibits discrimination against (1) a person with disability; (2) a person who has a record of impairment; or (3) an employee who is regarded by the covered entity as an individual with a disability.… Continue Reading

On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued an order enjoining the COVID-19 vaccine mandate for federal contractors and subcontractors pursuant to Executive Order 14042 (Executive Order) from going into effect nationwide.  Although the Georgia court discussed the “tragic toll” the COVID-19 pandemic has wrought, the court ruled it was likely that the plaintiffs will succeed in their claim that President Biden exceeded his authority when issuing the Executive Order.… Continue Reading

On the latest episode of our podcast, Business Better, we discuss the current array of federal COVID-19 vaccine mandates: their effectiveness and requirements, the scope of their coverage, and what employers should consider in responding to them. This recording took place on December 1st and does not capture changes which have taken place after this date.… Continue Reading

On November 17, 2021, the EEOC, as it has done throughout the pandemic, updated its COVID-19 Technical Assistance manual. The additional questions and answers clarify that applicants and current and former employees are protected from relation for exercising EEO rights in connection with COVID-19. The guidance identifies particular examples of protected activity, which employees may engage in without fear of retaliation, including:

  • Filing a charge, complaint, or lawsuit, regardless whether the underlying discrimination allegation is successful or timely.
… Continue Reading

As we previously reported here, the United States Judicial Panel on Multidistrict Litigation conducted a lottery to determine which of the thirteen federal appeals courts would hear the consolidated cases challenging the Occupational Health and Safety Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination or masking/testing requirements for large employers.… Continue Reading

On November 10, 2021, the National Labor Relations Board (NLRB or Board) issued a Memorandum outlining employers’ duty to bargain with unions over the implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS).

The Memo provides that employers have bargaining obligations regarding aspects of the ETS that affect terms and conditions of employment, to the extent the ETS provides employers with choices regarding implementation.… Continue Reading

The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take effect January 4, 2022, with some steps required no later than December 5, 2021.

With the deadlines quickly approaching, review the full Alert from Ballard’s Labor and Employment Group here.… Continue Reading

The deadline for covered federal contractors to comply with the vaccine mandate was extended from December 8 to January 4.  For more information on the mandate, read our September post.  The Safer Federal Workforce Task Force also updated its FAQs on the mandate to address coverage for affiliated entities.

This extension of the deadline comes at the same time that OSHA issued an Emergency Temporary Standard that requires most private-sector employers with 100 or more employees to have their employees vaccinated or test weekly by January 4. … Continue Reading

On Thursday, November 4, the Centers for Medicare & Medicaid Services (CMS) announced an Interim Final Rule requiring that all staff employed by covered Medicare- and Medicaid-certified providers must receive a first COVID-19 vaccine dose by December 5 and have received both doses of a two-vaccine series by January 4 unless they have been granted a medical or religious exemption.… Continue Reading

The Occupational Safety and Health Administration (”OSHA”) has issued its long-awaited Emergency Temporary Standard requiring employers with 100 or more employees to mandate that each worker be fully vaccinated, or subject to at least weekly testing, by January 4. Public employers are not covered by OSHA and will not be subject to the rule. … Continue Reading