When the US Centers for Disease Control and Prevention (CDC) relaxed its mask guidance in May, the news caught many people—especially corporate America—off guard.
In this Forbesarticle, McDermott partner Michael W. Peregrine argues that companies need to provide stakeholders with clear health and safety messaging in light of mandates from state and local governments.
“Companies can ill-afford to drift in the wind of confusion and controversy, and they can’t be blindsided by further guidance change should there be an increase in reported cases or should variants, like those first found in India, surface in the United States,” Peregrine writes.
As more businesses reopen in the wake of COVID-19, many employees are seeking to continue their remote work arrangements indefinitely.
In this Los Angeles Times article, McDermott partner Michelle S. Strowhiro suggests employees share their wishes with their employer sooner instead of later.
“Now is the time to help shape those policies,” Strowhiro notes.
The telework explosion ushered in by the COVID-19 pandemic has created new opportunities—and challenges—for employers’ workplace sexual harassments trainings.
In this Law360 article, McDermott partner Maria C. Rodriguez argues that the benefits of virtual and in-person trainings are easy to identify when they’re done right.
On May 18, 2021, the Internal Revenue Service (IRS) issued much-anticipated Notice 2021-31 (the Notice) regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy provisions of the American Rescue Plan Act of 2021 (ARPA). Under ARPA, a 100% COBRA premium subsidy and additional COBRA enrollment rights are available to certain assistance eligible individuals (AEIs) during the period beginning on April 1, 2021, and ending on September 30, 2021.
The US Department of Labor (DOL) has previously issued model notices and a set of FAQs regarding the COBRA premium subsidy. The IRS has now issued additional FAQs in the Notice that apply to employers and plan sponsors.
The Protecting the Right to Organize Act (PRO Act) passed the US House of Representatives for a second time this March. If it’s signed into law, the legislation would eliminate state right-to-work laws, increase the number of workers eligible for collective bargaining and ban mandatory arbitration agreements.
In this video, McDermott partner Ron Holland breaks down the PRO Act’s most significant changes to employment law.
The question of whether or not to make vaccinations mandatory for workers is being considered by employers globally, particularly those in the healthcare sector. In this video, McDermott Will & Emery partner Carole A. Spink outlines some of the most common employer-related vaccine questions, including incentives and data privacy concerns. Spink and McDermott partner Paul McGrath recently also wrote for McDermott’s International News about this topic.
On May 5, 2021, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights (HERO) Act, which imposes stringent new workplace safety requirements for all employers in New York. The law is expected to take effect on June 4, 2021.
Recently, the Occupational Safety and Health Administration (OSHA) released three new FAQs for employers who recommend or require employees to receive COVID-19 vaccines. OSHA is responsible for enforcing workplace safety standards across the US.
McDermott previously reported that employers can require employees to be vaccinated as a condition of employment, though employers should consider several factors before making the decision to require employee vaccinations. The new OSHA guidance highlights additional considerations when requiring employee vaccinations.
On April 16, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 93 into law, a rehiring and retention law which requires employers in certain industries to make written job offers to employees who were laid off because of the impact of COVID-19. The law takes immediate effect and will remain in effect until December 31, 2024. Previously, some California cities adopted their own versions of local ordinances providing for a right to be recalled, including Carlsbad, Long Beach, Los Angeles, Oakland, Pasadena, San Diego, San Francisco and Santa Clara.
Employers have questions about the COVID-19 vaccine and how to update their employment policies. In this video, McDermott partners, Chris Braham, Chris Foster and Michelle Strowhiro answer questions about vaccine requirements in the workforce, additional considerations and more.
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