Category: Employment and Labor Law
OSHA Issues Revised Guidance Following the CDC: What Does “Recommended” Mean?
For those who attended our Zoom presentation last week, you know that as of that time OSHA had not yet issued detailed guidance in response to the recent CDC masking recommendations. That changed on Friday, August 13. OSHA issued an update to its document entitled “Protecting Workers Guidance on Mitigating and Preventing the Spread of …
Remote Proceedings are Here to Stay!
The pandemic brought with it many changes to the world of local government, including temporary authorization during the state of emergency to allow members of public bodies to meet remotely. Well, you better shake off the Zoom fatigue. The Governor just signed LD 32, An Act Regarding Remote Participation in Public Proceedings! This act, effective …
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 healthcare industry, it includes separate updated guidance for other kinds of employers. The ETS publication includes a flowchart to help determine what entities ETS covers. It is a very useful tool. The Chart https://www.osha.gov/sites/default/files/publications/OSHA4125.pdf. The following is …
New Update from the EEOC on COVID-19 Information Including Vaccinations, Incentives, & 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. A summary of many of …
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 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 was …
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 included paid sick leave in two different categories: Up to 80 hours of paid sick leave at the employee’s regular rate where an employee cannot work because of quarantine or they experienced COVID-related symptoms and sought a medical diagnosis. …
COVID Vaccinations & 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. What ramifications could result from making it mandatory? Some important issues include workplace safety, OSHA obligations, workers’ compensation, disability, and religious accommodation. A Summary of Some Potential Issues Let’s start with …
To Party or Not to Party: CDC Guidelines on Holiday Gatherings in a Time of COVID
This is typically the time when businesses begin to plan for their holiday celebration for employees. Before COVID, most holiday gatherings took the form of an office get-together. Whether at the business, a restaurant, bar, or somewhere similar, things need to be different this year. A holiday celebration may certainly help with employee morale in …