KMK Law Management Rights Blog

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

OSHA COVID-19 Vaccine Rule: This week, OSHA forwarded their draft Emergency Temporary Standard to the White House Regulatory Office, meaning that the promised rule mandating vaccines for employers with more than 100 employees may be coming soon. The immediate response to the rule when it is issued may depend on whether your business is in a state that follows federal OSHA guidelines or in a state with its own OSHA approved plan. Here is the state by state breakdown:

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

New OSHA Vaccine Mandate Rule: On September 9, the President announced that he is directing OSHA to issue an emergency rule requiring employers with more than 100 employees to require employees to be vaccinated or tested for COVID weekly.  At this point, no rule has been issued and there are more questions than answers but several observations are worth considering.

Arbitration in California:  In U.S. Chamber of Commerce v. Bonta, the Ninth Circuit overturned a lower ...

The White House announced a six pronged “Path out of the Pandemic” plan today that includes a direction to OSHA to enact an emergency rule requiring all businesses with 100 or more employees to ensure that their employees are fully vaccinated or test negative for COVID-19 at least once per week.  It is anticipated that the rule will apply to more than 80 million private sector workers.   As an emergency temporary standard, the rule will undergo an expedited review process before taking effect and will not be subject to public comments.  It is expected to be published in the next several ...

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

COVID-19 and Masks: The CDC has issued new guidance for vaccinated individuals - what does this mean for employers? 

The CDC COVID-19 Tracker is here: https://covid.cdc.gov/covid-data-tracker/#county-view

Mandatory Vaccination Policies: The U.S. Department of Justice has issued an opinion on the meaning of the Emergency Use Authorization status of COVID-19 vaccines, which has formed the basis for some challenges to employers’ mandatory vaccination ...

Nearly a month after the U.S. Centers for Disease Control and Prevention recommended that fully vaccinated individuals no longer had to wear masks to combat COVID-19, the Occupational Safety and Health Administration has announced its long awaited updated guidance on protecting workers. President Biden issued an executive order in January directing OSHA to pursue a clearer standard for COVID-19. The standard announced today applies only to the health-care industry. A copy of the new rule can be found here on OSHA’s website, with a summary available here.

In a surprise move on Friday, May 14, the CDC issued new guidance indicating that individuals who have been fully vaccinated no longer need to wear masks or social distance in most settings.  Several states and municipalities, including Ohio, have quickly adopted the CDC’s new approach and more are likely to follow.  This has left employers with a lot of questions, including:

• Can I continue to require masks?
• If I no longer require masks for vaccinated employees, can I ask who has been vaccinated?
• Can I or should I verify the vaccination status of employees?
• What issues might come up when I ...

There have been several new developments in 2021 that broadly impact employers’ approaches to COVID-19.   In this episode:

FFCRA Leave - The FFCRA has again been extended on a voluntary basis so that employers can offer leave through September 30, 2021.  Employers who elect to continue offering leave need to be aware of some changes to FFCRA leave.

COVID-19 Vaccinations - Last year, the EEOC issued its guidance for employers on COVID-19 vaccination policies that allows employers to require vaccinations with certain exceptions.  Several states are not considering legislation that ...

As we start a new year, here are 5 things employers may want to consider to avoid trouble:

1.  COVID-19 Plans - You probably have a plan in place but this is a good time to take stock of how it is working.  Also, employers need to consider what to do about vaccine policies as the vaccines become more widely available.  Finally, the FFCRA leave has expired as of 12/31/20 but employers may continue to offer leave through March 2021 - consider whether this makes sense for your business.

2.  Independent Contractors - How is your business using independent contractors?  Are thy properly classified as ...

As the President and Congress continue to debate the status of a new stimulus bill in response to the COVID-19 pandemic, one question on a lot of employers’ minds is what will happen to the status of the Families First Coronavirus Response Act (“FFCRA”).  As discussed previously on this blog, the FFCRA was passed in the early days of the pandemic as employers and employees faced uncertainty over how to respond to transmission of the virus, quarantine orders, and school closures.  The FFCRA created two new types of paid benefits—a paid sick leave benefit and a paid emergency Family ...

Between COVID-19 and social unrest, this year has seen many reservists and other members of the military called to active duty.  Unfortunately, military leave seems to be an issue with which even sophisticated employers struggle.  While not an exhaustive list, here are five things for employers to bear in mind about military leave.

1. USERRA is extremely broad. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects civilian employment of military personnel, is very broad. Unlike most employment laws, it applies to almost all employers regardless of ...