On September 9, the Biden Administration announced “The Path Out of the Pandemic;” a new COVID-19 strategy with direct impact on employers and workplace procedures. Join us for a virtual seminar in which the firm’s labor & employment attorneys will discuss recent federal action related to COVID-19 vaccine mandates and subsequent guidance from government agencies.
OSHA Releases COVID-19 Emergency Temporary Standard: Here’s What It Means for Employers
The Occupational Safety and Health Administration (OSHA) has published the long-awaited Emergency Temporary Standard (ETS) as directed by President Biden in his September 9 COVID-19 Action Plan – Path Out of the Pandemic.
The ETS will take effect as soon as it is published in the Federal Register and sets forth the following two options for employers with over 100 employees:
- A mandatory vaccination policy.
- A written policy allowing employees to undergo ongoing testing and masking instead of vaccination.
Employers are required to comply with all aspects of the ETS by December 5, except for the testing program for those employers who choose to provide this option to employees. In that case, employees must either be fully vaccinated or submit proof of testing by January 4, 2022.
We break down the details below.
Which Employers Are Covered?
All employers with a total of 100 or more (full-time or part-time) employees at any time the ETS is in effect are covered. The ETS does not apply to workplaces subject to the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors or settings where an employee provides healthcare services or healthcare support services when subject to the requirements of § 1910.502.
Who is Responsible for Granting Medical/Religious Accommodations to the COVID-19 Vaccination Mandate?
As contractors and agencies scramble to comply with the government contractor vaccine mandate, there seems to be growing confusion over whether contractors or federal agencies are responsible for evaluating whether contractor employees working at government sites are entitled to medical or religious accommodations. In some cases, agencies tell contractors that the government, not the
Key Considerations for Emerging Companies: Employment Law Risks
The first few years of operations can be an overwhelming task for emerging companies, especially when it comes to navigating the wide range of employment laws that come with hiring new members of the team. Below is a list of issues to be aware of as you build and structure your workforce. Continue reading to
Rights of Tennessee Employers to Bar Firearms and Weapons in the Workplace Remains Unchanged
Effective July 1, 2021, Tennessee’s Constitution Carry law allows individuals over the age of 21 (or military members between ages 18 to 20) to carry a firearm, both concealed and open, with or without a carry permit. However, this new law does not impact a private Tennessee business’ right to prohibit the possession of weapons
OSHA Issues Emergency Temporary Standard to Protect Healthcare Workers from COVID-19
In response to President Biden’s Executive Order issued on January 21, 2021, directing the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace, OSHA has issued an emergency temporary standard (ETS) to set forth guidelines to protect healthcare workers.
Effective June 21, 2021, the ETS applies only to settings where any employee provides healthcare services or healthcare support services. The masking, distancing, and barrier requirements under the ETS do not apply to settings with well-defined areas where all employees are fully vaccinated and there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present. OSHA has provided a flowchart to determine which workplaces are affected.
Develop and implement a COVID-19 plan: Employers are required to develop and implement a plan to combat COVID-19. This plan must be in writing if there are more than 10 employees. Employers must conduct hazard assessments for each specific workplace to identify potential COVID-19 hazards and designate a safety coordinator with the authority to ensure compliance with all aspects of the plan.
Limit and monitor points of entry: In workplaces where direct patient care is provided, employers must limit and monitor points of entry. Patients, clients, residents, and other visitors must also be screened and triaged. Other patient management strategies must be implemented per CDC guidance.
Strategies for Employers Operating with a Hybrid Workforce
I recently authored an article for the Nashville Business Journal discussing strategies to overcome risks for employers opting to continue to operate with a remote or hybrid workforce.
Telework introduces an increased risk of noncompliance with the Fair Labor Standards Act’s requirement that all non-exempt employees be paid for all hours worked, including any overtime hours, which is more difficult to monitor with dispersed employees. “Employers with remote workforces should clearly outline a timekeeping policy regarding the accurate recording of all time worked, and train employees on those expectations, including a requirement that remote workers obtain advance approval from their supervisor before working any overtime,” I stated in the article.
Another threat to monitor includes increased risk of network privacy and security loss. Employers should update security protocols, including employee training on remote access security and password protection to prevent unauthorized access to sensitive information. Investment in company-issued equipment with preferred antivirus software is also a crucial protective measure.
Continue Reading Strategies for Employers Operating with a Hybrid Workforce
Labor & Employment Law Update: Recent Developments for Employers
Join us for a virtual seminar in which Bass, Berry & Sims labor & employment attorneys will address a broad range of recent employment law developments and anticipated issues significant to employers and provide practical guidance for understanding the associated impacts and legal challenges.
Topics covered during the webinar will include:
- Return to work update
Lessons Learned from COVID-19 and Continued Implications
Looking back on 2020, nearly all employers were forced to embrace remote work as the result of the COVID-19 pandemic to comply with state and local lockdowns and to slow and reduce the transmission of the virus. This was a global work-from-home experiment no one signed up for, and as we now know, most businesses were ill-prepared to handle it. However, with nearly a full year of remote work underfoot, companies have either successfully transitioned their business operations to sustain this work-from-home model or have adjusted the work environment to safely resume on-site operations, and have learned some key lessons along the way.
Employee Leave
Continue Reading Lessons Learned from COVID-19 and Continued Implications
EEOC Issues Updated Employer Guidance Concerning Mandatory COVID-19 Vaccinations
The Equal Employment Opportunity Commission (EEOC) has released updated guidance regarding employers’ and employees’ rights and obligations related to mandatory COVID-19 vaccination.
Mandatory Vaccinations are Permitted
On December 16, the EEOC released guidance confirming that employers may require employees to be vaccinated for COVID-19, subject to Title VII of the Civil Rights Act (Title VII) prohibiting religious discrimination and the Americans with Disabilities Act (ADA) which prohibits discrimination based on disability.
Continue Reading EEOC Issues Updated Employer Guidance Concerning Mandatory COVID-19 Vaccinations