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Employers Revisit Mandatory Vaccinations for Employees Following Full Approval of the Pfizer-BioNTech Vaccine

On Monday, August 23, 2021, the Food and Drug Administration (“FDA”) formally approved the Pfizer-BioNTech COVID-19 Vaccine for individuals 16 years of age and older. With this new and much-anticipated approval from the FDA, the Department of Defense immediately mandated the Pfizer vaccine for all military service members. Nationwide, many companies are now strongly considering […]

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BM
KB

Department of Justice Affirms Employers’ Ability to Mandate Vaccines

When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which governs the vaccines’ emergency use status. Section 564 contains an “option to accept or refuse” […]

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The New Reality: The Remote Workplace Is Here—Maybe Permanently!

A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce.  Close behind supervisory training is the need for a formal, written telework policy.  The workplace strains brought about by the sudden […]

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Former Partner
SP
Partner
RB
Former Associate

President Biden Focuses on Strengthening COVID-19 Workplace Compliance

Occupational Safety & Health Administration (OSHA) issues and proposed actions took center stage in the first week of the Biden Administration. The President called for greater enforcement by OSHA of more stringent worker safety standards. Central to this call is greater protection for workers regarding COVID-19 workplace exposures. To accomplish this, in part, OSHA would have […]

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Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do so remotely. While convenient, this practice may compromise their status as exempt employees under federal […]

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Cal-OSHA Emergency COVID-19 Regulation

On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on November 20, 2020. OAL will have 10 days to review and approve the regulation. Thereafter, stakeholders will have five days to submit comments. Thus, […]

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Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic

As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a new framework for the manner in which union elections should be conducted. Click here to […]

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JL
Partner
RB
Former Associate

CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response

Most employers are now familiar with pandemic-related terms such as quarantine, isolation, and social distancing, and by now you may have a response plan that incorporates those and other concepts for addressing COVID-19 in the workplace—if you don’t, then now may be a good time to reassess. On Wednesday, October 21, the Centers for Disease […]

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California Mandates COVID-19 Supplemental Paid Sick Leave for Employers Not Covered by the FFCRA

Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring employers with 500 or more employees and health care providers to provide 80 hours of supplemental paid sick leave to employees who […]

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Eligibility for Families First Coronavirus Response Act Leave Under Different School Reopening Models

The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if they cannot work or telework because they need to care for a child whose school is closed […]

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