OSHA Emergency Temporary Standard on COVID-19 Vaccination and Testing Is Stayed Pending Further Court Action
The emergency temporary standard (“ETS”) issued by the U.S. Occupational Safety and Health Administration (OSHA) on November 4, 2021 (here), mandating COVID-19 vaccinations or testing for all employers with 100 or more employees was stayed by the U.S. Court of Appeals for the Fifth Circuit on November 12, 2021 (opinion here)....
OSHA Issues Emergency Temporary Standard on COVID-19 Vaccination and Testing
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (“ETS”) aimed at minimizing the risk of COVID-19 transmission in the workplace by mandating COVID-19 vaccinations or testing for all employers with 100 or more employees effective November 5, 2021, subject to the compliance...
Supreme Court Holds Title VII Protections Apply to Gay and Transgender Individuals
In Bostock v. Clayton County, decided yesterday and available here, the Supreme Court of the United States held that the anti-discrimination protections of Title VII apply to gay and transgender individuals. The decision addressed three separate cases in which an employee alleged he or she was fired from his or her job because...
COVID-19 Update: St. Louis City and County Issue Standards and Guidelines for Re-opening Businesses
On May 8, 2020, both St. Louis City and St. Louis County issued orders providing almost identical standards and guidance for the re-opening of most businesses on May 18, 2020. For the full City order, click here, and for the full County order, click here.
The orders require all businesses that choose to re-open on...
COVID-19 Update: Employees Vulnerable to COVID-19 Can’t be Excluded from Workplace Unless Their Condition Creates a “Direct Threat” to Their Health that Can’t be Accommodated
On May 5, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued guidance on reasonable accommodations for employees that have medical conditions that the Centers for Disease Control (“CDC”) says makes the employee more vulnerable to COVID-19 than the employee would be without the condition. EEOC guidance does not have the force of law, but...
COVID-19 Update: New Temporary Rules Regarding Emergency Paid Sick Leave and Expanded FMLA
On April 1, 2020, the Department of Labor (DOL) issued temporary rules making changes to emergency paid sick leave and emergency family medical leave. These new rules are here. These rules interpret recent legislative enactments expanding job-protected family medical leave (EFMLA) and requiring up to 80 hours of paid sick leave (EPSLA) in...
COVID-19 Update: CARES Act Paycheck Protection Program
The Department of Treasury and Small Business Administration have released additional information and details, including a sample application, relating to the Small Business Paycheck Protection Program adopted as part of the CARES Act. A brief summary and fact sheet of the Program can be found here. To summarize, any business or non-profit...
COVID-19 Update: Coronavirus Aid, Relief, and Economic Security Act
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020, and contains numerous provisions summarized below that will assist and impact employers. The full act can be found here.
The CARES Act (§§ 1101-1114) provides for almost $350 billion in small business loans, which are available...
COVID-19 Update: Required Posting and April 1, 2020 Effective Date for FFCRA
The Families First Coronavirus Response Act (“FFCRA”) was passed last week, requiring private employers with 500 or fewer employees to provide two types of paid leave to their employees. Our summary of the FFCRA, including which employees are eligible and when the two leaves apply, was first published on March 19, 2020 and can...
COVID-19 Update: Families First Coronavirus Act – FMLA and Paid Sick Leave Requirements
On March 18, 2020 President Trump signed the Families First Coronavirus Act (“Act”), which expands the Family Medical Leave Act (“FMLA”), provides emergency unemployment insurance, emergency paid sick leave and tax credits to employers for paid FMLA leave and paid sick leave. The legislation is to be effective not more than 15 days after...