For a business owner, nothing is more exciting than seeing your business succeed and grow out of little more than a personal passion. During this expansion, outside help becomes a necessity, and delegation of tasks becomes routine. Throughout this exciting and often hectic period, business owners often overlook formalities as they try to manage...
The “Great Resignation.” The “Great Migration.” No matter what you call it, the current employment market is placing incredible stress on businesses, many of which are struggling to find enough employees to simply cover shifts. Pay increases and higher recruiting costs, consequently, continue to rise. On top of these challenges, inflation and...
On January 13, 2022, the United States Supreme Court blocked the OSHA ETS rule, which mandated private employers with at least 100 employees require their employees to be fully vaccinated or submit to a weekly COVID test and wear face masks. Six of the Court’s nine justices held that the ETS constituted an attempt by OSHA to regulate general...
Late on Friday, December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, vacated the Fifth Circuit’s stay on OSHA’s Emergency Temporary Standard (“ETS”). The ETS mandates private employers with at least 100 employees to be fully vaccinated or submit to a weekly COVID test and wear face masks. Given this swift reversal, OSHA...
Even before the Biden Administration promulgated its now-in-legal-limbo vaccination/testing mandates, the COVID-19 pandemic had brought health-related, and religious-related, matters to the forefront of the employer-employee relationship, perhaps like never seen before. As a result, employers often have been forced to have difficult conversations...
On Tuesday, November 16, 2021, litigation pending in several federal circuits regarding the federal vaccine/testing mandate described below was consolidated in the U.S. Court of Appeals for the Sixth Circuit. Below, we summarize the mandate, discuss the various court developments, and provide guidance as to steps employers could take while the...
On September 9, 2021, President Biden directed the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any unvaccinated workers to produce a negative test on a minimally weekly basis prior to...
By: Laurie E. Meyer Many employers utilize “restrictive covenant” agreements (such as non-compete agreements, non-solicitation agreements, and non-disclosure agreements) to protect their confidential information, customer relationships, trade secrets or other intellectual property, and to otherwise prevent unfair competition. This article will...
By: Anne V. O'Meara and Laurie E. Meyer On August 18th, President Biden announced that his Administration will require nursing homes to mandate staff to be vaccinated against COVID-19 as a condition for facilities to receive funding from Medicare and Medicaid. This new requirement would apply to nearly 15,000 nursing home facilities, which employ...
On July 26, 2021, the Department of Justice (DOJ) and Department of Health and Human Services (DHS) issued guidance defining “long COVID” and listing the condition as a disability under the Americans with Disabilities Act (ADA) Section 504 of the Rehabilitation Act (Section 504) and Section 1557 of the Affordable Care Act (Section 1557). The...
