On June 10, 2021, the federal Occupational Safety and Health Administration issued updated guidance for businesses on COVID-19 prevention and mitigation – taking into account the impact of vaccinations – along with a long-awaited Emergency Temporary Standard (ETS) applicable only to healthcare (which is not discussed in this E-lert).

Continue Reading OSHA’s COVID-19 Updated Workplace Guidance – What Employers Need to Know

Workplace guidance on COVID-19 keeps shifting at the federal and state level, which poses a challenge for all employers. For Maryland businesses, we thought it might be helpful to summarize where we stand as of early June 2021.

Although Maryland remains in a state of emergency, at this time, the Governor has lifted many of the restrictions that impact the private workplace, such as shutdown orders, most masking requirements, group limitations, travel, etc. This does not mean a return to normal, however, as federal guidance still applies, and more state guidance should be forthcoming shortly. In addition, local jurisdictions, such as Baltimore City, may still have restrictions – like masking while indoors – with which employers must comply.


Continue Reading Maryland Employers and Current COVID-19 Considerations: Workplace Safety Standards, Vaccinations, Masking, Paid Leave, and More

As the COVID-19 vaccine has become freely available, employers have struggled with workplace vaccination protocols in the context of compliance with anti-discrimination laws, including the Americans with Disabilities Act. On May 28, 2021, the Equal Employment Opportunity Commission updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and other EEO Laws resource to include guidance that answers many employer questions on this topic – including the use of incentives to encourage vaccination.

Continue Reading EEOC Provides Eagerly-Awaited Guidance to Employers on COVID-19 Vaccines (Including Incentives)

Well, we’re always playing catch-up with the changing agency guidance on COVID-19 – and the Occupational Safety and Health Administration just juked on its recording requirements for adverse effects to the COVID-19 vaccine. Now, employers will not be required to record such adverse reactions – at least through May 2022.

Continue Reading OSHA Changes Its Recording Requirements for Adverse Reactions to the COVID-19 Vaccine

Just over two weeks after it relaxed its protocols for fully-vaccinated individuals, the Centers for Disease Control and Prevention (CDC) has now issued revised guidance essentially permitting those individuals to resume their pre-pandemic lifestyle, subject to any applicable and differing state and local mandates. Consistent with prior iterations of this guidance, the CDC asserts that “You will still need to follow guidance at your workplace.” So what can employers do now? Well, we’ve now updated our last blog post on this topic (and then further updated to account for OSHA’s latest pronouncement).

Continue Reading UPDATED: Back to Normal for the Fully Vaccinated? What the CDC’s Latest Guidance Means for Employers

This week, the Centers for Disease Control and Prevention (CDC) further relaxed its COVID-19 protocols for fully vaccinated individuals. Of significance to employers, the CDC continues to assert that such individuals should continue to “[f]ollow guidance issued by individual employers.” But what impact might these looser rules have in the workplace? We had previously offered some guidance the last time the CDC adjusted the rules, and have now updated that guidance.

Continue Reading The CDC’s Revised Rules for the Fully Vaccinated: What This Means for Employers

In the midst of the COVID-19 pandemic, it was a tumultuous session for the Maryland General Assembly, whose 2021 session ended at midnight on Monday, April 12. Among the many bills that passed, there were a number of significance to employers, including protection for essential workers in a catastrophic public health emergency, bereavement leave, workplace peace orders, an extension of the time in which to file complaints of discrimination with the Maryland Commission on Civil Rights, modifications to the mass layoff law, and requirements for gender diversity on boards and in executive management in order to qualify for certain state benefits, among other things.

Continue Reading New Employment Laws in Maryland – Protection for Essential Workers, Bereavement Leave, Workplace Peace Orders, and More! (And a Webinar!)

In response to the coronavirus pandemic, many employers have permitted or mandated telework arrangements for their employees.  As more people become vaccinated and the number of new COVID-19 cases declines, however, those employers will likely begin to recall their employees to the office.  Unsurprisingly, many employees have become accustomed to working from home over the past year, and enjoy the ability to wake up, throw on athleisure, and do a couple loads of laundry as they go about their workday.  This begs the question: is an employer obligated to permit an employee to telework simply because the employee finds working from home more preferable, desirable, or convenient than going to the office?   A federal judge in the District of Columbia recently said “no.”

Continue Reading Employees Don’t Get to Telework Just Because They Want To…