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Given Deadlines Set by Sixth Circuit, ETS Likely Stayed Until at Least December 10, 2021
Earlier this month, the Occupational Safety and Health Administration (“OSHA”) issued its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) requiring employers of 100 or more employees to implement policies requiring employee vaccination or enhanced safety measures for unvaccinated...
OSHA Issues COVID-19 Emergency Temporary Standard Requiring Employee Vaccination or Weekly Testing
Today the Occupational Safety and Health Administration (“OSHA”) published its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) in the Federal Register . The ETS applies to employers with a total of 100 employees or more, based on OSHA’s...
New Federal Guidance Broadly Construes President's Executive Order Requiring Vaccination and Other COVID-19 Mitigation Measures for Many Federal Contractors
This past Friday, September 24, 2021, the White House “Safer Federal Workforce Task Force” issued Guidance construing President Biden’s September 9 Executive Order concerning required COVID-19 vaccination and other safety protocols for certain federal contractors. Consistent with the general approach...
President Biden and OSHA Launch New Effort to Protect Workers from Heat Hazards, Indoors and Outdoors
Pointing to climate change and the number of workplace deaths, injuries and illnesses tied to excessive temperatures, the Biden Administration today announced more regulatory and enforcement efforts aimed at workplace heat hazards. OSHA previously signaled that the new rulemaking efforts...
What to Expect From a More Aggressive OSHA in the Next 12 Months
While OSHA, like much of the country, has been preoccupied with COVID-19 safety and health concerns in the past 18 months, employers should expect the Biden Administration and its new team at OSHA will turn their focus to other occupational...
Biden's Plan to Combat COVID-19: Significance of Vaccination/Testing Requirements for Employers
On Thursday, September 9, 2021, as President Biden announced his new six-pronged plan to combat the continuing spread of COVID-19, he acknowledged, what was readily apparent from his actions and tone, that his “patience is wearing thin” with unvaccinated Americans...
Fifth Circuit Holds Highly Compensated Oilfield Workers Paid a Day Rate are Entitled to Overtime
The day-rate tool pusher earning $963.00 per day is not exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) – in other words, he or she is entitled to overtime pay. So holds the Fifth Circuit. The...
Texas Makes Big Changes to Sexual Harassment Law
As a result of two new Texas laws ( SB 45 and HB 21 ), sexual harassment claims will now be treated differently than any other type of discrimination or harassment claim filed under state law. The new laws went...
OSHA's Revised COVID-19 Guidance Adopts CDC's Latest Recommendation on Masks for Vaccinated Employees, Advocates for Vaccination, and Suggests Periodic Testing for Unvaccinated Employees
In response to the modified COVID-19 recommendations published by the Centers for Disease Control and Prevention (CDC) on July 27, 2021, on Friday, August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its Guidance on Mitigating and Preventing...
Latest CDC Mask/Testing Guidance Requires Employers to Evaluate Workplace Rules
The COVID-19 Delta variant has prompted a u-turn by the Centers for Disease Control and Prevention (“CDC”) on certain of its previous recommendations. In response, employers should take note that their workplace policies may require some re-routing. In announcing the...
Bonuses Tied to Low Injury Rates: Will They Be Unacceptable to Biden's OSHA
In 2016, the Obama-era Occupational Safety and Health Administration (OSHA) issued regulations prohibiting employer retaliation against employees for reporting workplace injuries or illnesses. The regulations' preamble indicated that, under many circumstances, employee bonuses or other incentives tied to low injury...
President Signs Executive Order Directing Federal Agencies to Promote Competition and Increase Antitrust Enforcement
On July 9, 2021, President Biden issued Executive Order 14036 , “Promoting Competition in the American Economy,” which broadly targets anticompetitive practices and corporate consolidation across many sectors of the U.S. economy. The ambitious and wide-ranging Executive Order contains 72...
ESG Seminar: Best Practices for M&A and Quick Hits on In Different Disciplines
ESG Considerations and Best Practices for Mergers and Acquisitions - Ben Martin Quick Hits on ESG Issues in Different Disciplines Cybersecurity Strategic and Crisis Communication - Scott Segal Labor Environmental - Matt Paulson Executive Compensation - Matthew Grunert Intellectual Property...
OSHA’s Revised COVID-19 Guidance Highlights Employer Duties for Unvaccinated and At-Risk Workers
On June 10, 2021, shortly after issuing its Emergency Temporary Standard (“ETS”) for healthcare settings, OSHA updated its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Updated OSHA Guidance”), which is applicable to all employers not...
EEOC Issues Guidance Confirming Vaccine Incentives are Lawful, Among Other Updates
Earlier today, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited guidance concerning the permissibility of employer vaccination incentive programs and, at the same time, provided further guidance related to other vaccination questions. EEOC Gives Okay to Incentive Programs -...