DOL/OSHA Implements COVID-Related Employee Safety Standards for Healthcare Employers
Building on President Biden’s Executive Order on Protective Worker Health and Safety issued on January 21, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard ( ETS ) aimed at workers in healthcare settings. Specifically, the ETS, issued on June 10, 2021, requires certain healthcare employers to take measures to protect their workers in settings where suspected or confirmed COVID-19 patients are treated. This includes employees in hospitals, nursing homes, assisted living facilities, . . . Read More
A Decision Right Up an Employee’s Alley: Recent Virginia Federal Court Opinion Weakens Protections for Companies Utilizing Consultants and Independent Contractors
Government contractors and commercial businesses alike frequently retain consultants and independent contractors to perform certain types of work, particularly in the construction, healthcare, and information technology industries. This is so because utilizing independent contractors, as opposed to employees, can offer some attractive benefits to companies. For instance, utilizing independent contractors may reduce company overhead, general and administrative, and fringe benefit expenses; it may allow for flexible work schedules, particularly on projects with indefinite schedules or workloads; and it may permit . . . Read More
Return to Work: Employer-Mandated COVID Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs
With over 50% of the adult population in the United States having received at least one dose of a vaccine to combat the novel coronavirus (COVID), many businesses and employers are looking forward to a “return to normal” and their employees coming back to the workplace. One common consideration is whether an employer should implement mandatory COVID vaccination requirements as part of their return-to-work policies. Employers must be mindful of ensuring that their return-to-work policies, including any vaccination mandates, comply . . . Read More
Rescue Plan Update: The State of FFCRA and Other State COVID-19 Paid Leave
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA) into law, providing an estimated $1.9 trillion in stimulus to aid in the COVID-19 pandemic. Among the various relief provisions are updates to the Families First Coronavirus Response Act (FFCRA) paid leave requirements. While there is no mandate for employers to continue providing FFCRA leave, an employer who chooses to do so can still take the associated tax credits for an additional period of time, . . . Read More
Changes to Pay Equity Law Are Coming: It’s Time to Consider Auditing Your Pay Practices
Amidst all of the promises and actions taken by the Biden Administration, the topic of pay equity is gaining more and more attention. While there has been growing momentum on the issue for years now, the Biden Administration is making it clear that that momentum will materialize into actual changes in the law on the federal front. As such, it is critical that commercial businesses and federal contractors take proactive measures now, including conducting proactive pay analyses with legal counsel, . . . Read More
COVID-Related Construction Claims: 4 Key Strategies for Recovery
The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to position the firm to recover increased costs. Following are four key recovery strategies to better prepare you before filing a claim or request for equitable adjustment (REA). 1. Understand How Contract Provisions Help Carefully examine the contract to identify provisions that may excuse delays or provide for recovery in . . . Read More
Maryland Essential Workers’ Protection Act: How It May Impact Maryland Employers
Although many employers have taken discretionary measures to protect essential employees, there are currently few mandated health and safety requirements at the federal or state level. On January 20, 2021, the Maryland General Assembly’s Senate and House of Delegates introduced the Maryland Essential Workers’ Protection Act . With the bill, Maryland is now considering joining the growing group of states that are imposing requirements on employers who employ essential workers or require employees to work on-site. If passed, it would require employers who employ “essential . . . Read More
How Government Contractors Should Prepare for Biden’s Mask-Wearing Mandate
On his first day in office, President Biden signed Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (EO), which requires federal agencies to issue guidance that complies with the Center for Disease Control’s (CDC) recommended public health measures for combatting COVID-19, such as physical distancing and mask-wearing. On January 24, 2021, the Office of Management and Budget (OMB), in accordance with the EO, issued a memorandum to assist agencies in preparing their COVID-19 workplace safety plans, and they will have until January 29, 2021, to submit their drafts to the OMB for review. . . . Read More
2021 Labor and Employment Spotlight: A List of Key Legal Updates for Employers
Undeniably, 2020 was a year like no other. Faced with a global pandemic and a tumultuous election, employers were presented with a unique set of challenges and a myriad of new—and at times, very vague—laws and regulations. Despite the start of a new year and a new administration in just a week, much of 2020 still lingers on, including some of its novel policies. However, the new year and new administration also signal a shift in direction for labor and . . . Read More
SBA Provides Direction for PPP Round Deux Loans and Second Draw Loans
On January 6, 2021, the Small Business Administration (SBA) issued its first round of formal guidance for the new Paycheck Protection Program (PPP) and the second-draw PPP loans, which we first discussed here . SBA also gave some indication of plans for the second round of the PPP. SBA’s guidance can be found here for the next phase of PPP and here for the second-draw program. Below are key updates for businesses that need access to this important source of relief funding. As . . . Read More