On March 21, 2023, the Supreme Court made it easier for disabled students to pursue disability discrimination claims in court under the Americans with Disabilities Act (“ADA”) without first having to exhaust administrative procedures under the Individuals with Disabilities Education Act (“IDEA”). Perez v. Sturgis Public Schools, 143 S. Ct. 859 (2023). The ruling is …
OSHA Vaccine Mandate Developments December 20, 2021 On Friday, December 17, 2021, the federal appeals court tasked to decide whether OSHA’s emergency temporary rule mandating vaccines for private employers with 100 or more employees finds that the OSHA rule can stand. Thus, private sector employers must require vaccination per the OSHA ETS by January 4, …
NEWS FLASH: Long-Awaited OSHA Vaccine Rule is Here! Read More »
We have previously published a blog, Ten Takeaways from EEOC New Guidance on Employers Requiring COVID19 Vaccines, which explained how employers could require their employees to be vaccinated for COVID-19. Recently, President Biden issued an Executive Order requiring all federal agencies to mandate their employees to be vaccinated against COVID-19 without any test-out option. In …
We previously issued articles discussing the EEOC’s guidance on vaccine mandates, Recent EEOC Guidance on Mandatory Vaccinations: Can You be Fired for Refusing to Get Vaccinated? and Ten Takeaways from EEOC new Guidance on Employers Requiring COVID-19 Vaccines. Since those articles, and in the wake of the Delta variant, there have been significant updates including …
In December, we published a blog post about the EEOC’s guidance when employers require employees to get the COVID-19 vaccine, that article can be found here. On May 28, 2021, the EEOC updated that, answering lingering questions and making it clear that, with certain caveats highlighted below, employers can require employees to get the COVID-19 …
Ten Takeaways from EEOC New Guidance on Employers Requiring COVID-19 Vaccines Read More »
FFCRA Leave Entitlements Expired! The pandemic leave benefits afforded to eligible workers under the Families First Coronavirus Response Act, the FFCRA, officially expired December 31, 2020. As we discussed previously in our FFCRA blogs (available here), at the onset of the pandemic, Congress enacted the FFCRA, which mandated employers to provide paid sick leave (under …
With the pandemic, there are five employment claims on the rise as employers navigate the pandemic and efforts to re-open businesses. These pandemic related employment claims range from violations of rights to expanded leave under new legislation as well as claims related to employment loss and notice and overtime under well established law. 1. Expanded Leave …
Five Pandemic Related Employment Claims on the Rise Read More »
The EEOC recently issued guidance on what information and tests employers may request from employees when they reopens their workplace doors during this pandemic. Before allowing an employee to return to work an employer may: Ask you if you are experiencing symptoms of COVID-19. Take your body temperature. Ask for a doctor’s note certifying fitness …
The World Health Organization declared the outbreak caused by the coronavirus, also called COVID-19, a global pandemic. This pandemic has created new and confusing issues for employers and employees alike. What happens if you cannot work because your child’s school is closed and you are unable to find childcare? Can your employer announce that all …
Employment and the Coronavirus Pandemic – Know Your Rights Read More »
