Category: Employment and Labor Law
OSHA Publishes Emergency Temporary Standard for Healthcare Sector, with Guidance for Other Sectors
On June 10, OSHA published its COVID-19 emergency temporary standard (“ETS”). While the ETS focuses specifically on the health care industry, there is a separate updated guidance for other kinds of employers. The ETS publication includes a flowchart to help determine what entities are covered by the ETS, which is a very useful tool. The chart …
New Update from the EEOC on COVID-19 Information Including Vaccinations, Incentives, and Reasonable Accommodation Issues
On Friday, May 28, the EEOC issued an updated version of its ongoing Q&A about COVID and its interaction with the ADA, the Rehabilitation Act and other laws administered by the agency. This is a long awaited instruction on various issues including the use of incentives to encourage employees to vaccinate. Here is a summary …
OSHA Issues New Direction on Workplace Inspections Targeting COVID-19 Issues
On March 12, OSHA issued a Direction, effective immediately, which describes policies and procedures for its implementation of a National Emphasis Program (NEP). A NEP is a temporary enforcement initiative with the stated purpose of ensuring “that employees in high hazard industries or work tasks are protected from the hazard of contracting” COVID-19. The Direction …
New OSHA Guidance on COVID-19 Workplace Measures Issued January 29
Readers will recall that we reported that the Biden Administration had instructed OSHA to issue revised guidance to employers on workplace safety measures during the COVID-19 pandemic. These guidelines were published on Friday. As stated by OSHA, the guidance “is intended to inform employers and workers in most workplace settings outside of healthcare to help them identify …
DOL Issues Information About Certain Workplace Posting Requirements
We have previously talked about various posting requirements for Maine employers. These include posters that meet DOL requirements, as well as those required by other federal and state laws. There are specific requirements for postings in terms of where they are found, how they are disseminated, and who has to have access to them. This …
No Extension of FFCRA Leave into 2021, Sort of
As you know, the FFCRA provided qualifying employees with two different forms of leave. The first was paid sick leave in two different categories: 1) up to 80 hours of paid sick leave at the employee’s regular rate where an employee is unable to work because of quarantine and/or the employee is experiencing COVID-related symptoms …
COVID Vaccinations and the Workplace
The recent approval of a vaccine brings hope, but also raises a lot of questions for employers including whether the vaccinations can be mandatory and what ramifications could result from making it mandatory. Some (but not all) of the important issues include workplace safety/OSHA obligations, workers’ compensation, and disability and religious accommodation. The following is …
To Party or Not to Party: CDC Guidelines on Holiday Gatherings in a Time of COVID
11/5/20 This is typically the time when businesses begin to plan for their holiday celebration for employees. Before COVID, most such celebrations took the form of an office get-together, whether at the business, a restaurant/bar, or somewhere similar. Things will have to be different this year. While a holiday celebration may certainly help with employee …
The CDC Has Issued a Revised Definition of “Close Contact”
On October 21, 2020, the CDC issued an updated definition of the type of “close contact” sufficient for potential transmission of COVID-19. The term “close contact” was previously defined by the CDA as a contact within 6 feet for 15 consecutive minutes or more. With the update, though, the CDC has amended that definition to mean …
OSHA Has Issued a New Guidance Addressing Reporting of COVID-19 Cases
On October 1, 2020, OSHA issued a new guidance that addresses the circumstances under which cases of a COVID-related hospital admission or a fatality must be reported to the OSHA. The new guidance for cases resulting in a hospital admission uses the following language: Under 29 CFR 1904.39(b)(6), employers are only required to report in-patient hospitalizations …