As offices and other workplaces reopen, employers are struggling with the issue of masks and face coverings in the workplace. There has been much confusion about whether and when cloth face coverings are required, and what are an employer’s obligations with regard to their use.

Continue Reading Masks/Face Coverings in the Workplace Uncovered! What Can Employers Require?

Several federal agencies have recently issued additional COVID-19 guidance of interest to employers, including the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the Small Business Administration (SBA). We summarize these developments below.

Continue Reading COVID-19 Agency Update: OSHA Issues Guidance on Reopening for Non-Essential Businesses; EEOC Addresses Antibody Testing and Reasonable Accommodations, Harassment and Discrimination; SBA Provides New PPP Application

Over the course of the COVID-19 pandemic, there has been a great deal of discussion – and confusion – about the use of masks and face coverings and respirators. Are they personal protective equipment (PPE)? Who should use them? Who must use them? Should employers provide them? Must employers provide them? Which one should employers provide? Should employers provide training on their use? Must employers providing training? And on and on…

Continue Reading OSHA Speaks: Face Coverings, Masks and Respirators – Oh My!

Without fanfare on May 27, 2020, the Centers for Disease Control and Prevention (CDC) issued guidance for employers of office workers (as well as updated guidance for restaurants and bars). This is the first guidance that is targeted at white collar workers, with the message that employers will need to “[c]hange the way people work.”

Continue Reading CDC Issues Reopening Guidance for Offices – “Change the way people work”

Various federal agencies have recently issued additional COVID-19 guidance of significance (more or less) to employers, including the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), the Internal Revenue Service (IRS), the Department of Labor (DOL), and the Federal Emergency Management Administration (FEMA). Some of this guidance applies to workplaces and employers generally, while others target specific industries, such as bars and restaurants, manufacturing, child care, schools, and mass transit. We summarize these developments below.

Continue Reading COVID-19 Agency Update: CDC and OSHA Issue Reopening Guidance, EEOC Explains Accommodation of High-Risk Workers, IRS Expands Employee Retention Credit, DOL Adds to FFCRA Q&As, FEMA Provides Exercise Starter Kit for Reopening

As businesses slowly begin to reopen, workers are being recalled to the workplace. Some of them are expressing reluctance to return due to increased health risks from COVID-19 based on underlying medical conditions or age. Others are struggling with child care issues as schools remain closed for the remainder of the academic year and summer care programs are canceled. Some employers have asked what are their obligations to such workers under the law? Can they terminate them, or do they have to accommodate them?

Continue Reading Recalled Workers Don’t Want to Return Because of Health Risks or Child Care – Now What?

On April 24, 2020, Governor Hogan issued “Maryland Strong: Roadmap to Recovery,” his plan for reopening the state as the COVID-19 pandemic crisis begins to ease. This plan is of critical interest and importance to Maryland employers, and we outline the plan here. This Roadmap is quite general in nature, as would be expected, given that there are many moving parts in play. But it provides some overall guidance as to the order in which certain businesses can expect to resume operations.

Continue Reading What Does Governor Hogan’s Roadmap to Recovery Mean for Maryland Employers?

During the past week or so, various federal agencies have issued additional COVID-19 guidance of significance (more or less) to employers, including the Centers for Disease Control and Prevention (CDC), the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), the Department of Labor (DOL), and the Veterans’ Employment and Training Service (VETS). We summarize these developments below.

Continue Reading COVID-19 Agency Update: CDC and Essential Workers, EEOC and Non-Discrimination, OSHA and COVID-19 Recordkeeping/Enforcement, DOL and Unemployment Compensation Under CARES, and VETS and COVID-19 National Guard Service