Monday, March 21, 2022

Are Employee Arbitration Agreements On Their Way Out?

By Jessica Summers

Over the last month, there have been a few significant developments that employers should be aware of when it comes to the use and enforceability of arbitration agreements.  As summarized below, for the time being, employee or contractor arbitration agreements are still enforceable in most contexts.  However, further changes may be on the horizon.

Friday, January 14, 2022

The Supreme Court Struck OSHA’s Vaccine Rule - Now What?

By Jessica Summers 

The tumultuous tale of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 appears to have come to an end.  On Thursday (January 13, 2022), the Supreme Court reinstated a nationwide injunction preventing the ETS from going into effect – for all intents and purposes killing the rule.  As discussed in our prior blogs, the ETS would have required employers with 100 or more employees to establish and implement certain COVID safety protocols and require that all employees be vaccinated or submit to weekly testing.  So, what now?

Thursday, December 30, 2021

What is the Status of OSHA’s Vaccine Rules?

By Jessica Summers

For employers with 100 or more employees, the saga and uncertainty behind OSHA’s Emergency Temporary Standard (ETS) on COVID-19 continues.  As detailed below, while there is still a chance that the Supreme Court will strike down the ETS, covered employers should be actively preparing to comply with the ETS by the new January 10 and February 9 deadlines to avoid being caught in a last minute scramble. 

Here’s a breakdown of what has occurred so far: 

Thursday, November 18, 2021

What Now With OSHA’s Vaccine Rules? Your Questions Answered

By Jessica Summers

The news has been abuzz with stories about the wave of legal challenges to OSHA’s recently released Emergency Temporary Standard (ETS) on COVID-19.  The ETS’ first set of requirements were slated to go into effect on December 5, but now it is unclear where things will stand on that date.  This has understandably left many employers confused and questioning what actions they should be taking at this time.

So let’s try to break things down and get some clarity–

Wednesday, November 17, 2021

OSHA’s ETS Requiring Vaccines Or Testing Means Big Changes Ahead For Many Employers

 By Jessica Summers

On November 4, OSHA released the text of its much-anticipated Emergency Temporary Standard (ETS) setting forth new requirements for COVID-19 vaccines and testing in the workplace.  As we previously reported, in early September, President Biden rolled out his “Path Out of the Pandemic” action plan. The action plan included an instruction to OSHA to issue emergency rules to mandate that employers with 100 or more employees require that their employees either get vaccinated or submit to regular testing.  This ETS is the result. It is estimated that the ETS will cover 84 million employees.

Montgomery County Bill Would Mandate Covid-19 Vaccine For County Employees

 By Hayes Edwards

On September 28, two Montgomery County Councilmembers proposed legislation that would require that the County’s employees be vaccinated against Covid-19. Expedited Bill 34-21 would permit accommodations to the mandate for medical reasons.

Pfizer Vaccine Gets Final FDA Approval – Now What for Employers?

By Jessica Summers

On Monday August 23, 2021, the Food and Drug Administration (FDA) announced final approval of the Pfizer-BioNTech coronavirus vaccine for individuals 16 and older.  Of course this is a big step for the vaccine which first received emergency use authorization last December.  It is also likely to raise significant questions for employers.