On May 13, 2021, the CDC issued new guidance that, in non-health care settings, “fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” The CDC considers people to
coronavirus
An Update on COVID, Return to Work, and Vaccinations in Ohio
On April 15, Governor DeWine announced that more than 36 percent of Ohioans have now received at least one dose of a coronavirus vaccine – which is good news for returning to normalcy and work. However, we shouldn’t expect a return to normalcy over the next several weeks as Ohio’s statewide case incidence number has…
New York District Court Invalidates Key Aspects of DOL’s Final Rule Implementing the Families First Coronavirus Response Act
Earlier this week, a decision by the U.S. District Court for the Southern District of New York vacated several key aspects of the U.S. Department of Labor’s (“DOL”) final rule implementing the Families First Coronavirus Response Act (“FFCRA”). (For those who are unfamiliar with the FFCA, an overview can be found here.) The decision…
Ohio Governor Signs Executive Order Regarding Unemployment Benefits for Employees Who Refuse to Return to Work
As businesses in Ohio and across the country continue reopening, many employees are refusing to return to work, and are instead remaining off collecting unemployment benefits. This has frustrated many employers, and Ohio Governor DeWine recently stepped in to address the issue.
In particular, Governor DeWine issued an Executive Order specifying that employees who refuse…
Employers May Not Require Back-To-Work Antibody Tests of Employees
On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers to clarify that employers may not require COVID-19 antibody testing before permitting employees to re-enter the workplace. Antibody tests can show whether the subject had a past infection or has recovered from the virus that causes COVID-19. Currently,…
OSHA States Its Intent to Not Enforce COVID-19 Recordkeeping Requirements on Certain Employers
On Friday, OSHA issued enforcement guidance regarding employers’ obligations to record COVID-19 cases. According to its previous statements, OSHA’s position is that COVID-19 is a recordable illness under OSHA’s recordkeeping requirements and employers are responsible for recording cases of COVID-19 if:
(1) the case is a confirmed case of COVID-19, as defined by Centers for…
Department of Labor Updates Informal Guidance as to Families First Coronavirus Response Act
As we wrote about here, the U.S. Department of Labor (“DOL”) has issued informal guidance to help employers understand their rights and obligations under the Families First Coronavirus Response Act (“FFCRA”). DOL has since updated that guidance to address topics such as the following:
- Whether employees are eligible for paid leave if they are unable
…
DOL Publishes FFCRA Coronavirus Employee Rights Poster
On March 25 the Department of Labor (“DOL”) released the Families First Coronavirus Response Act’s (FFCRA) required notice poster that will need to be posted at many workplaces. The DOL also issued a FAQ to explain employer obligations associated with the posting. Unfortunately, these publications both raise additional questions.
First, there appears to be an…
Department of Labor Issues Guidance as to Families First Coronavirus Response Act
While the Department of Labor (DOL) has not yet issued regulations, it has issued initial guidance to help employers understand who and what is covered under the new Families First Coronavirus Response Act (“FFCRA”). This initial guidance comes in the form of a FAQ and a Fact Sheet.
The new guidance assists employers by answering…
Families First Coronavirus Response Act Signed Into Law
I. Introduction
On March 18, 2020, the President signed The Emergency Families First Coronavirus Response Act (“Bill”) into law. The Bill responds to the spread of the coronavirus (COVID-19) and provides for two new, overlapping paid leave requirements for employers. The first is an amendment to the FMLA, while the other is a separate new,…