As many employers implement a COVID-19 vaccination-or-weekly-testing mandate (soon to be required of all employers with 100+ employees, as we discussed here), a recurring issue is whether the time that employees spend getting that weekly test must be paid under federal and state wage and hours laws. And the answer is a lawyerly, “Well, it depends.” (Of course).

Continue Reading Do Employers Have to Pay For COVID-19 Testing Time?

A day after President Biden announced his COVID-19 Action Plan (which we discussed here), leaders from the Occupational Safety and Health Administration held a short briefing to discuss its forthcoming Emergency Temporary Standard that will require employers with 100+ employees to (1) mandate vaccinations or weekly testing, and (2) provide paid vaccination leave. The President’s announcement regarding these requirements was sorely lacking in details, but the OSHA briefing provided a few (not many) useful tidbits for nervously wondering employers.  (Be aware, however, that the ETS is not yet written, and it is possible that some of what they said today might not end up being accurate….)
Continue Reading A Few More Answers from OSHA on the Impending Vaccination ETS…

An issue that we’ve run into recently is what to do about employees who are vaccinated – but not with one of the FDA-approved vaccines (whether under Emergency Use Authorization (Moderna and J&J) or regular approval (Pfizer-BioNTech)). Perhaps they are participating in a clinical trial or maybe they were vaccinated in another country. Employers are wondering – is this really a valid vaccine? Can we require employees to go get a “real” vaccine?

Continue Reading Foreign COVID Vaccinations and Clinical Trials? What Employers Need to Know

Trying to stay on top of federal workplace guidance on COVID-19 is confusing and challenging for employers, and the Occupational Safety and Health Administration (OSHA) has just changed the playing field again – although the new guidance is intended to conform with the Center for Disease Control and Prevention’s (CDC) recently-revised recommendations for fully-vaccinated individuals (as discussed in our August 4, 2021 blog post).

Continue Reading Again? What Employers Need to Know About OSHA’s Latest Update to Its COVID-19 Workplace Guidance

As part of his COVID-19 vaccination push, President Biden recently announced that (among other things) the program that reimburses certain employers for providing paid leave to employees for particular COVID-19-related reasons would be expanded to include leave to get family/household members vaccinated (and, although not part of the Presidential statement, to care for them if they experience adverse effects to the vaccine). So I’ve been trying to figure out how this actually worked.

Continue Reading Small/Mid-Size Employers May Be Reimbursed for Paid Family Vaccination Leave!

As we discussed in our May 14, 2021 blog post, “Back to Normal for the Fully Vaccinated? What the CDC’s Latest Guidance Means for Employers,” the CDC had previously stated that fully-vaccinated individuals could essentially resume their pre-pandemic, maskless lifestyles, subject to applicable state or local mandates. But the CDC also stated that those individuals were still required to comply with workplace requirements. Given the rapid spread of COVID-19’s Delta variant and the increase in cases, particularly in areas of low vaccination rates, the CDC has now revised its guidance. So what does this mean for employers?

Continue Reading Masks Redux? What Employers Need to Know About the Latest Guidance for Fully Vaccinated Individuals from the CDC

As healthcare employers should know, the Occupational Safety and Health Administration released a COVID-19 Emergency Temporary Standard (ETS) (extensively discussed in our June 15, 2021 blog post), which became effective on June 21, 2021 . The ETS imposes significant responsibilities and obligations on those employers in the context of the COVID-19 pandemic, and it also teased that OSHA was providing significant resources (including a model plan) to assist with compliance, although most of those resources were nowhere to be found on the OSHA website – until now!

Continue Reading Healthcare Employers Rejoice! OSHA Provides New Compliance Resources (Model Plan!) for Its COVID-19 Emergency Temporary Standard

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

NOTE: This post has been updated for guidance from the Maryland DOL on paid leave under the Essential Workers Protection Act.

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

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