Unless the Supreme Court intervenes, employers in roughly half of the United States must vaccinate or test employees by February 9, 2021. In those states, federal OSHA regulates workplace safety directly, and so the federal large employer vaccine-or-test mandate will… Read more
The legal developments on COVID did not take a holiday in the nine days since our previous article. There have been significant developments with the various vaccine mandates, new CDC quarantine guidance, and changes to OSHA healthcare standards. Furthermore, the… Read more
President Biden’s vaccine mandates have faced a roller-coaster ride in the federal court system over the last few weeks, leaving covered employers in the difficult position of trying to comply with on-again, off-again federal regulations and enforcement deadlines on the… Read more
The National Labor Relations Board (NLRB), U.S. Department of Labor (DOL), and U.S. Equal Employment Opportunity Commission (EEOC) announced a joint initiative to raise awareness about retaliation issues when workers exercise protected labor rights. Leaders from these Big Three U.S.… Read more
At the Virginia Bar Association’s Labor and Employment Conference, we heard first-hand from Jay Withrow, Esq., the Director of Legal Support for the Virginia Department and Labor and Industry’s Virginia Occupational Health and Safety (VOSH) program. VOSH is the agency that… Read more
If you have employees you’re not paying overtime, be ready to explain why their duties make them exempt under the FLSA, not their title. Just because you call it a hole in 1, doesn’t make it so! The Fair Labor… Read more
The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo, released in August, outlined NLRB’s enforcement priorities… Read more
Last week, there was a flurry of activity from the Biden Administration regarding vaccine mandates among federal employees, federal contractors, and large employers (100+ employees). Not to be outdone, Virginia implemented new revisions to the Final Permanent Standard that took… Read more
Virginia employers face additional hurdles as the Safety and Health Codes Board, a subset of the Virginia Department of Labor & Industry, and Governor Northam finished their months-long public review of January’s Final Permanent Standard (FPS). The resulting revisions took… Read more
Employers subject to state-level COVID-19 workplace safety standards are wondering what the CDC’s recent “vax or mask” rule means for them. Virginia, for example, is one of a handful of states with a state-level workplace safety agency, as are California,… Read more
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