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?

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

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

The Centers for Disease Control and Prevention (CDC) continues to issue a steady stream of new guidance and information on COVID-19, some of which has specific relevance to the workplace. During the first part of February 2021, such guidance includes new masking recommendations, when workers who are severely immunocompromised can return to work after a COVID-19 diagnosis, and customizable vaccine communications to essential workers (that may eventually be useful for all workers).

Continue Reading The Latest COVID-19 Workplace Guidance from the CDC: More on Masks, Returning to Work After Infection, and Vaccine Communications to Employees

So I keep telling my husband that I’m looking forward to going back a normal social life of restaurants, shows, and girls’ nights out, once I’m vaccinated (whenever that will be – I’m at the bottom of the eligibility list). And my husband, who is a doctor and has been vaccinated, keeps saying, “THAT’S NOT HOW THAT WORKS!!!”

Continue Reading Hey Employers: Vaccinated ≠ Back to Normal! (Updated 2/10/21)