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This is a summer when many employees (and employers) may be done with COVID-19, but the virus is not done with us. While government mandates have virtually disappeared, the expected surge of omicron variants during 2022, and the resulting increase in absenteeism due to illness and quarantine...

At unionized properties, unions likely will expect to bargain over any changes in the mask requirements and how they will be handled, said Daniel Altchek, partner at law firm Saul Ewing. “I could see some of the unions being concerned that their members, who they represent, may [not be] sufficiently...

How to Manage Changing COVID-19 Workplace Safety Obligations Lisa Koblin, an attorney with Saul Ewing in Philadelphia, said employers should stay alert and flexible. "While most state and local government agencies are rolling back [many] COVID-19 workplace safety rules, we know from the last two...

In a per curiam opinion issued by Chief Justice Roberts, Justices Barrett and Kavanaugh, with Justices Gorsuch, Thomas and Alito concurring, the Supreme Court stayed OSHA’s “emergency temporary standard” mandating COVID-19 vaccines for employers of 100 or more employees. The Court noted that the...

The last two weeks have provided a rollercoaster ride for employers as they grapple with the resurrection of the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (“ETS”) by the Sixth Circuit Court of Appeals, updated guidance from OSHA on the testing protocols...

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-1 vaccination and testing for employers with at least 100 employees in a consolidated multidistrict litigation. See In re: MCP No. 165...

On November 4, 2021, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) released the much anticipated emergency temporary standard (“ETS”) regarding vaccination and testing required by an earlier White House Executive Order. The ETS is more than 490 pages in length...

In a case of first impression, the federal court in Matias v. Terrapin House, Inc., denied an employer’s motion to dismiss an employee’s suit that alleged she was terminated in violation of the Americans with Disabilities Act (ADA) and the Families First Coronavirus Response Act (FFCRA) after...

On October 13, 2021, in connection with World Mental Health Day (October 10), the U.S. Department of Education’s Office for Civil Rights (“OCR”) and the U.S. Department of Justice’s Civil Rights Division (“CRT”) jointly issued a fact sheet, entitled, Supporting and Protecting the Rights of Students...

On October 6, 2021, the Philadelphia Department of Public Health (DPH) announced a series of extensions designed to allow healthcare employers and institutions of higher education to comply with the City's vaccine mandate (See announcement here). Approximately two months earlier, on August 13, the...

SEIU and ABOMA Agree on COVID-19 Vaccination Rules for Unionized Employees This alert contains time-sensitive material – all building owners or condominium associations that wish to require vaccination must “opt-in” by October 12, 2021 As COVID-19 continues to ravage our country and vaccination...

On September 24, 2021, The Safer Federal Workforce Task Force issued Guidance regarding implementation of Executive Order No. 14042 Ensuring Adequate COVID Safety Protocols for Federal Contractors (“E.O.”). What you need to know: Requires most Federal contractors’ and subcontractors’ employees to be...

New Jersey Governor Phil Murphy Signs Executive Order Allowing Extended Rule-Making Deadlines at NJDEP to Expire and Setting Deadlines for Soil and Fill Recycling Activities and A-901 Licensing Executive Order (EO) 263, effective September 17, 2021, provides for the expiration of extensions of New...

Along with the new wave of post-COVID litigation surfacing across the country, the EEOC has now brought its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had requested to work remotely due to COVID-19. In this case, EEOC v...

On September 9, 2021, President Biden announced a series of federal COVID-19 mitigation efforts, which represent an invigorated national approach to reduce COVID-19 transmission and rapidly increase vaccination rates across the country. In addition to a pair of executive orders issued by the...

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