On Friday, November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued a mandate-or-test Emergency Temporary Standard (ETS) that will take effect in January 2022. The ETS will mandate that most employers with 100 or more employees either (1) require vaccination (with exceptions for reasonable accommodation for medical and/or
OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard
The federal Occupational Safety and Health Administration (“OSHA”) took the unprecedented step of issuing an Emergency Temporary Standard (“ETS”) requiring, among other things, COVID-19 vaccinations or regular testing for millions of private sector employees. This is part of a trilogy of vaccine mandates President Biden announced in recent weeks, and
CMS Emergency Regulations Mandate COVID-19 Vaccination of Certain Health Care Workers
On November 4, 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued a press release that announced the availability of the display copy of the anticipated Interim Final Rule on COVID-19 Health Care Staff Vaccinations. (See display copy.) The Interim Final Rule will be published in the Federal Register tomorrow,
EEOC Issues Updated and Expanded COVID-19 Technical Assistance
The U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated and expanded technical assistance related to the COVID-19 pandemic. The expanded technical assistance addresses questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (“EEO”) laws. The key updates to the technical assistance
OCR Issues HIPAA and COVID-19 Vaccination Guidance
The Office for Civil Rights (“OCR”)—the agency within the U.S. Department of Health and Human Services responsible for, among other things, enforcing compliance with HIPAA— recently released guidance on HIPAA’s application to an individual’s COVID-19 vaccination status to combat the misinformation circulating that HIPAA applies to a broader array of
President Biden’s COVID-19 Action Plan and Private Employers
On September 9, 2021, President Joe Biden announced a six-pronged COVID-19 Action Plan that includes:
Vaccinating the Unvaccinated; Further Protecting the Unvaccinated; Keeping Schools Safely Open; Increasing Testing and Requiring Masking; Protecting Our Economic Recovery; and Improving Care for Those with COVID-19.
For private employers in particular, the Action Plan
Enhanced Remedies for NLRA Violations Are on the Horizon
Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (“NLRB”), recently issued a memorandum advising Regional Offices of the NLRB to seek a variety of remedies to ensure that victims of unlawful conduct under the National Labor Relations Act (“NLRA”) are made whole for losses they have suffered.
Delaware Advances COVID-19 Vaccination Requirements for Health Care And State Employees
On August 12, Delaware Governor John Carney ordered all state employees and healthcare workers to be vaccinated for COVID‑19 on or before September 30 or submit to regular COVID-19 testing.[1] Additionally, he encouraged private businesses to impose similar requirements upon their employees and emphasized that many Delaware companies have already acted to
Legislation Aims to Regulate Nurse-to-Patient Ratios in Pennsylvania
Pennsylvania State Senator Maria Collett recently announced the reintroduction of the Patient Safety Act to help set safe nurse-to-patient ratios in Pennsylvania – a problem that has been exacerbated by COVID-19. This legislation is currently being considered by the Senate Health & Human Services Committee and, if passed, will likely
NLRB’s General Counsel Outlines Labor Law Priorities
Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (NLRB), recently issued a memorandum outlining the key labor issues that she wants to target during her term as General Counsel.
As General Counsel, Abruzzo cannot unilaterally change labor law. However, what she can do as the Agency’s top
NLRB Mulls “Consequential Damages”
The National Labor Relations Board (NLRB) issued a ruling on August 25, 2021, finding that a New Jersey nursing home violated federal labor law by unilaterally changing its employee health insurance plan. While the finding of a violation is rather commonplace, what is most interesting about the NLRB’s decision is
A New NLRB Starts on August 30
As general background, the National Labor Relations Board (NLRB) is an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector
Philadelphia Businesses Must Require Masks or Proof of Vaccination From Employees and Customers Beginning August 12, 2021
Effective at midnight August 12, 2021, Philadelphia businesses must require masks or proof of vaccination from employees and customers. Businesses that require all staff and customers to be fully vaccinated are not subject to the masking rule. Large outdoor events with no seating must require masks when more than 1,000
OSHA COVID-19 Employer Guidance Focuses on Unvaccinated and “At-Risk” Workers
We previously reported on OSHA’s COVID-19 guidance for employers, which has continued to evolve over the last 15 months in response to changing scientific and epidemiological information. On June 10, 2021, OSHA again updated its guidance, with a new emphasis on protections for unvaccinated and otherwise “at-risk” workers. The updated
HHS OCR Shares Cybersecurity Actions to Prevent Ransomware
Recently, the size and number of ransomware attacks that have adversely impacted various industries and organizations, from information technology firms and gasoline pipelines to meat processors and local, state and federal government agencies, have been on the rise. Cyberattacks on healthcare facilities, resulting in inability to access electronic medical records
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