An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not part of the “essential functions” of the employee’s position, the U.S. Court of Appeals for the
Archives for January 22, 2021
CDC Expands Guidance on Workplace SARS-CoV-2 Testing to Require Informed Consent
As employers continue to grapple with a safe return to the workplace, on January 21, the U.S. Center for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a more comprehensive approach to reducing transmission of the virus in
PBGC Finalizes its Rule Simplifying the Calculation of Withdrawal Liability for Multiemployer Pension Plans
On January 8, 2021, the Pension Benefit Guaranty Corporation (PBGC) issued its final rule modifying the calculation of withdrawal liability by multiemployer pension plans. This final rule amends the agency’s regulations on allocating unfunded vested benefits to withdrawing employers (29 C.F.R. § 4211) and notice, collection, and redetermination of
Cal/OSHA Issues FAQs Addressing COVID-19 Testing and Outbreaks Under the Emergency Temporary Standards
On January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released an updated version of its frequently asked questions (FAQs) guidance, entitled “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” which includes information about COVID-19 Emergency Temporary Standards. The FAQs address a number of issues about COVID-19 testing