On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to address COVID-19 vaccines in the workplace. The EEOC’s guidance implies that a mandatory workplace vaccination program is lawful under the Americans with Disabilities Act (ADA) and the other laws the EEOC administers provided that the employer provides disability and religious
Coronavirus
OSHA issues revised guidance as to reporting incidents of COVID-19 in the workplace
By George W. Ingham & Daniel Petrokas on
The U.S. Occupational Safety and Health Administration (OSHA) has issued revised guidance in the form of three new Q&As on its website further clarifying when employers must inform OSHA if employees are hospitalized or die due to COVID-19.
By way of background, any on-the-job illness or injury that leads to hospitalization must be reported by…
Plaintiff’s Duty to Mitigate Damages in the COVID-19 Era
By Kenneth Kirschner & David J. Baron on
Posted in Coronavirus
Three members of our Hogan Lovells team, Kenneth Kirschner, David Baron, and Sydney Rupe, are the authors of the lead article in the Fall 2020 issue of the Labor Law Journal, which analyzes the plaintiff’s duty to mitigate damages in the wake of COVID-19. The article, entitled “Plaintiff’s Duty to Mitigate…
Department of Labor issues revised FFCRA regulations
On September 11, 2020, the Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA), which generally requires employers with fewer than 500 employees to provide paid sick leave and expanded Family and Medical Leave Act (FMLA) leave for certain COVID-19 related reasons. (We previously summarized the FFCRA’s leave requirements…
D.C. requires employers to adopt COVID-19 worker protection policies, increases retaliation protections
Posted in Coronavirus, Worker Protection
A new D.C. emergency law titled “Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020” (Act), signed by the Mayor on August 13, 2020, requires all private employers and D.C. agencies to take measures to protect workers from COVID-19 transmission. The Act requires employers immediately to adopt and implement worker protection policies related…
DOL clarifies FFCRA childcare leave availability for in-person and remote learning
On August 27, 2020, the Department of Labor (DOL) issued guidance (in FAQs numbered 98-100) clarifying how the childcare provisions of the Family First Coronavirus Response Act (FFCRA) apply to various remote and in-person school situations. As a reminder, the FFCRA generally requires private employers with fewer than 500 employees and many public sector employers…
Federal court vacates portions of DOL’s FFCRA Regulations
Posted in Coronavirus, FFCRA
On August 3, 2020, in an action brought by the State of New York (New York) against the U.S. Department of Labor (DOL), a court in the Southern District of New York granted summary judgment to New York and vacated four features of the DOL’s April 1, 2020 Final Rule implementing the Families First Coronavirus…
Virginia’s new COVID-19 workplace safety standards create extensive additional obligations for employers, including mandatory documentation and training
By George W. Ingham, Amy Folsom Kett & Ashley King on
Posted in Coronavirus, Worker Protection
Effective July 27, 2020, Virginia employers must comply with new COVID-19 workplace safety standards, known as the Emergency Temporary Standard (ETS). The ETS applies to all employers subject to the jurisdiction of the Virginia Occupational Safety and Health (VOSH) Program, which includes virtually all private and non-federal public employers in the…
Colorado enacts statewide paid sick leave law and temporarily scales up COVID-19 paid sick leave expansion
On July 14, 2020, Colorado Governor Jared Polis signed the Colorado Healthy Families and Workplaces Act (Law). The law has two significant impacts. First, as a temporary measure, it immediately expands leave rights related to COVID-19 by requiring employers of any size (including employers with greater than 500 employees who are exempt from the Families…
Hogan Lovells Employment Partner Provides Guidance on COVID-19 Waivers
By Michael E. DeLarco on
Posted in Coronavirus
As workplaces continue to reopen, certain companies have begun to require their employees to sign waivers upon reentry to the workplace. Hogan Lovells employment partner Mike DeLarco recently provided commentary on when (if) such waivers should be used, in an article on the Society for Human Resource Management website, available here.