Is COVID-19 still a thing, and does OSHA care about it? Yes and yes. We all know that COVID-19 is still around. On the OSHA front, the agency seems to be focused less exclusively on COVID-19 and plans to take a broader approach.
Recent EEOC Activity and What to Watch For
In recent weeks, the EEOC has filed a number of lawsuits on behalf of individuals, alleging a range of employment claims. Here, we provide a brief overview of those lawsuits and the issues that may be on the EEOC’s mind.
The Lawsuits
As you likely know, a current or former employee bringing certain claims against
Out with the Old? Not So Fast! A Quick Review of 2023 Highlights
2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top five blog posts from the year and the key takeaways from each.
Vax
DHS Announces New Remote Form I-9 Procedure, New Edition of Form I-9
This week, the Department of Homeland Security (DHS) issued a new final rule on the Form I-9 process. Under the new rule, the DHS Secretary may authorize alternative Form I-9 documentation examination procedures that do not require an employer to physically examine an employee’s documents in person. These alternative procedures can be authorized as part
Vax Requirement Sacked in TN: Medicare Providers Lose Exemption from COVID-19 Laws
The federal government says healthcare employers can soon stop requiring employees to get the COVID-19 vaccine. Yes — the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) is sunsetting the requirement that covered providers have staff COVID-19 vaccination policies. Published in the Federal Register on June 5, 2023, CMS’s
Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor
If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company.
The Facts
During World War II, the Army included Smucker’s apple butter in its ration kits, resulting in a federal contractor relationship that has “stuck” ever
2022, Who Were You? A Recap of Hot Issues in 2022.
As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and inclusion. And, of course, we blogged on it all! To celebrate the year gone by
Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 Edition
This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited employees, some thrilled and others reluctant, to return to in-person work. Though the return has restored some sense of normalcy, there are still
More COVID-19 Test Mess? EEOC Says It Has to Meet the Business Necessity Test
Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on the latest guidance. On July 12, the EEOC tweaked their COVID-19 Guidance
Mississippi’s New Vaccine-Choice Law: All Fluff, No Wrongful Termination?
Mississippi recently passed House Bill 1509 (the “act”) codifying employees’ right to choose whether to be vaccinated against COVID-19, which some commentators believe would limit employers’ ability to impose mandatory vaccine requirements. But private employers with vaccine mandates can breathe easy. The act does not create a basis for a wrongful termination claim against a