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Posts by Attorney David McClurg
The Stay of the OSHA Emergency Temporary Standard for Large Employers has been Reinstated by the U.S. Supreme Court
Posted by Attorney David McClurg in COVID-19 / Comments
Reversing a December decision of the 6th Circuit Court of Appeals, the U.S. Supreme Court, on Thursday, January 13, 2022, stayed enforcement of the Vaccination and Testing Emergency Temporary Standard (“ETS”) applicable to large employers with over one hundred employees. In reaching this decision, the Court found that the petitioners had demonstrated that OSHA was unlikely to be able to demonstrate that it had the authority to issue the ETS. ...
Read MoreIssues Surrounding Employers’ Vaccination Policies
Posted by Attorney David McClurg / Comments
As COVID 19 vaccines slowly become more available,[1] many employers are considering adopting mandatory vaccination policies, or offering incentives to their employees to be vaccinated. For most businesses, the primary motivation driving consideration of such policies will be employee safety. However, many hard-hit businesses, such as restaurants, may have an additional motivation: the ability to advertise that they have a “fully vaccinated staff” in order to increase in-store business. ...
Read MoreUpdated CDC Guidance on Quarantine Duration
Posted by Attorney David McClurg in Employer-Employee Relationship, Labor Relations, COVID-19 / Comments
On December 2, 2020, the Centers for Disease Control and Prevention (CDC) revised its guidance on the recommended length of quarantine for individuals who are asymptomatic, but have had “close contact” with someone who has tested positive for COVID-19. (Note that the CDC has recently redefined “close contact” to include exposure within 6 feet of an infected person for a cumulative – not single – total of 15 minutes or ...
Read MoreEmployers Re-Opening Workplaces Need to “Protect and Defend”
Posted by Attorney David McClurg in Labor Relations, COVID-19 / Comments
Exposure to the COVID 19 virus will continue for months and possibly years into the future, as will employers’ exposure to workers compensation, OSHA and other, more novel claims from employees, family members of employees and customers seeking compensation for the effects of the illness that they contend originated in the workplace. Going forward, employers must “protect” their employees and customers from exposure to the virus, and “defend” themselves against ...
Read MoreUpdated DOL/IRS Guidance on Documentation Employers Will Need to Claim Tax Credits for Paid Leave Payments
Posted by Attorney David McClurg in COVID-19 / Comments
In my first April L&E Update I laid out the basic rules relating to Emergency Paid Sick Leave and paid leave under the Expanded FMLA provisions in the Families First Act. Those rules established five primary “qualifying reasons” justifying up to 80 hours of Emergency Paid Sick Leave: Quarantine or isolation order by federal, state, or local authorities related to COVID-19 Employee has been advised to self-quarantine by a health care ...
Read MoreUpdated Guidance on Emergency Unemployment Assistance Under the CARES Act
Posted by Attorney David McClurg in COVID-19 / Comments
The Department of Labor has just issued guidance relating to the Emergency Unemployment Benefits available under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Under this Act, states will, through July 31, 20, provide an additional $600 weekly payment in Federal Pandemic Unemployment Compensation benefits (“FPUC”) to eligible individuals who are receiving “regular” unemployment compensation under existing state law, as well as those who will soon be receiving ...
Read MoreUpdated Guidance from the DOL about The Families First Act and the Small Business Exemption
Posted by Attorney David McClurg in COVID-19 / Comments
The Families First Coronavirus Response Act (“FFCRA” or “Act”) becomes effective on April 1, 2020, covers employers with less than 500 employees, and provides, among other things, emergency paid sick leave and expanded family and medical leave (FMLA) rights. The basic paid leave provisions were covered in my March Update, but the Department of Labor has since issued critical updated guidance on the Act and its Small Business Exemption. Emergency Paid ...
Read MoreWhat Employers Need to Know About The Families First Act
Posted by Attorney David McClurg in COVID-19 / Comments
The Families First Coronavirus Response Act, also known as HR 6201, was enacted last week to provide free coronavirus screening, paid leave time, significantly expanded Family and Medical Leave Act (FMLA) rights, and greater unemployment benefits for individuals impacted by the coronavirus. Emergency Paid-Leave In general, the Emergency Paid-Leave provisions in the legislation apply to employers with fewer than 500 employees, but there may be some hardship exceptions available for ...
Read MoreHow Employers Should Respond to Risks of Workplace Exposure to COVID 19
Posted by Attorney David McClurg in COVID-19 / Comments
ADA and OSHA rules continue to apply during the COVID 19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding this virus. The following discussion addresses the applicability of those rules ...
Read MoreEssential Businesses Under the “Safer at Home” Order
Posted by Attorney David McClurg in COVID-19 / Comments
On March 24, 20120 Governor Tony Evers directed Andrea Palm, Secretary-designee of the Wisconsin Department of Health Services, to issue a comprehensive “Safer at Home Order” restricting travel, except for certain purposes, including work at a number of “Essential Businesses and Operations” that are allowed to stay open during the COVID 19 Emergency. The Order states: Essential Businesses and Operations. All entities described in this section shall meet Social Distancing Requirements ...
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