Employment Archives - Page 16 of 104 - EMPLOYEE BENEFITS BLOG

OSHA Updates COVID-19 Safety Guidance for All Industries

by Michelle S. Strowhiro and Abigail M. Kagan | Sep 7, 2021 | Employment

On August 13, 2021, the US Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance documents for employers in all industries. The new recommendations echo those published by the US Centers for Disease Control and Prevention (CDC) on July 27, 2021, and build upon OSHA’s healthcare industry requirements.

In some of its most powerful language yet (and stopping just short of an absolute requirement), OSHA “strongly encourages” employers to provide paid time off to workers for the time it takes for them to get vaccinated and recover from any side effects.

Read more here.

Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School and State Workers and Students

by Michelle S. Strowhiro, Dawn Peacock, Brian Mead and Michael J. Sheehan | Sep 2, 2021 | Employment, Health and Welfare Plans

On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are medically able must wear face coverings indoors and in other specified settings.

In addition, the Order mandates COVID-19 vaccination for certain professionals in healthcare and education, as well as for students and state employees, subject to certain exemptions which require regular COVID-19 testing.

Read more here.

Illinois Enacts New Noncompete and Nonsolicit Law

by Brian Mead and Barrick Bollman | Sep 1, 2021 | Employment, Labor

Illinois has enacted a new law governing restrictive covenants: Public Act 102-0358. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It will apply to all agreements entered into on or after January 1, 2022.

According to McDermott’s Brian Mead and Barrick Bollman, the legislation allows an employee to recover costs and reasonable attorney’s fees if the employee prevails in an action seeking to enforce a noncompetition or nonsolicitation agreement. The legislation also requires that employers advise employees, in writing, to consult with counsel before entering into a noncompetition or nonsolicitation agreement, and that employees be afforded 14 days to review the covenant before signing.

Read more here.

Four Things To Know About COVID ‘Long-Haulers’ At Work

by McDermott Will & Emery | Aug 31, 2021 | Employee Benefits, Employment, Health and Welfare Plans

Research continues to shed light on COVID-19’s long-term health effects for some people, and these “post-COVID conditions” will create additional challenges for employers.

In this Law360 article, McDermott partner Carole A. Spink says employers should be aware that long-haul COVID symptoms mean additional accommodations for employees.

“As they have done throughout the pandemic, employers should have a plan for addressing potential long-term absences as a result of post-COVID effects. On the practical side, at some point employers may need to determine whether a particular situation has become such that providing a continuing reasonable accommodation would pose an undue burden,” Spink notes.

Access the article.

Pfizer’s Full Approval Triggers New Vaccine Mandates

by Michelle S. Strowhiro | Aug 26, 2021 | Employment, Health and Welfare Plans, Labor

The full US Food and Drug Administration (FDA) approval of the Pfizer-BioNTech COVID-19 vaccine has led to vaccine mandates by both governments and businesses. More companies will implement their own vaccine requirements in light of the FDA approval, according to McDermott partner Michelle Strowhiro in this The Hill article.

“What employers are trying to balance right now is implementing the right safety standards for their workforce while also being cognizant of the fact that the labor market is so difficult and many employers are already struggling with having the right number of people on staff,” Strowhiro said.

Access the article.

A Tale of Two Workforces, and the Board’s Urgent Challenge

by Michael W. Peregrine | Aug 24, 2021 | Employee Benefits, Employment

How should corporate boards respond to the Delta variant?

In this Forbes article, McDermott’s Michael Peregrine argues that the way in which a board responds to the challenge may “well define its future credibility on workforce culture concerns.”

“The new, Delta-prompted potential for intra-organizational clash is the latest and potentially one of the most significant of these concerns,” Peregrine writes.

Access the article.

What Should Be in a Vaccination Policy?

by McDermott Will & Emery | Aug 17, 2021 | Employment, Health and Welfare Plans, Labor

Employers are facing a myriad of decisions as they consider vaccination requirements for their workforces.

Mandatory vaccine policies, for example, should include rationale for why they are required, McDermott partner Carole A. Spink said in this Society for Human Resource Management article. The scope of any policy should be clearly identified and explain which employees it applies to.

Read more here.

The Simple Question That Every Board Should Ask Its CEO This Week

by Michael W. Peregrine | Aug 10, 2021 | Employee Benefits, Employment, Labor

As the Delta variant continues to spread across the United States, companies are once again having to make tough decisions. In this Forbes article, McDermott partner Michael Peregrine says corporate boards should ask their CEOs how they will respond to the pandemic’s latest development.

“At a time when most businesses were aggressively moving forward with long-stalled resiliency measures, they are countered by the equally aggressive Delta variant,” Peregrine writes.

Access the article.

What if a Job Applicant Discloses a Disability?

by Laurie Baddon | Aug 5, 2021 | Employment, Labor

What should employers do if a job applicant voluntarily discloses a disability during an interview?

In most cases, employers cannot ask disability-related questions until after an applicant receives a conditional job offer, according to McDermott’s Laurie A. Baddon in this Society for Human Resource Management article. Once the employer makes a conditional offer, the employer can ask disability-related questions and require medical examinations for any applicant. Employers can ask applicants about their ability to perform essential job duties with or without accommodation.

Access the article.

California Requires Vaccines or Regular COVID-19 Testing for Certain Healthcare Workers and State Employees

by Michelle S. Strowhiro and Ludia Kwon | Aug 4, 2021 | Employee Benefits, Employment, Health and Welfare Plans

On July 26, 2021, the California Department of Public Health (CDPH) issued a new Order that impacts healthcare and state employers in California. According to McDermott’s Michelle S. Strowhiro, Ellen M. Bronchetti and Ludia Kwon, the CDPH Order requires that almost all healthcare employers verify the vaccination status of all of their workers.

The Order also requires workers who are not fully vaccinated to go through regular COVID-19 testing at specified intervals. These facilities also must have a plan in place for tracking verified worker vaccination statuses.

Access the article.

BLOG EDITORS

STAY CONNECTED

TOPICS

ARCHIVES

RECENT POSTS