On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) requiring, among other things, that most employees of companies with 100 or more employees submit to weekly COVID-19 testing and wear a face covering while at work indoors. We summarized the ETS in
Employer Liability
OSHA Issues Emergency Standards for COVID-19 Testing and Vaccination in the Workplace
On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) imposing requirements pertaining to vaccinations, testing and face coverings on private employers throughout the country.
Which businesses does the ETS apply to? The ETS applies to employers with 100 or more employees, including…
VACCINE PREMIUM DIFFERENTIALS ARE PERMISSIBLE UNDER WELLNESS PLANS AND NO COST SHARES ALLOWED FOR AUTHORIZED VACCINES AND BOOSTERS
A recently published FAQ prepared by the Departments of Labor, Health and Human Services and Treasury answers frequently asked questions regarding vaccine premium differentials and HIPAA nondiscrimination rules, as well as the cost shares for vaccine boosters.
Vaccine Premium Differentials
ERISA and other regulations prohibit plans “from discriminating against participants, beneficiaries, and enrollees in eligibility,…
PA Superior Court Affirms the Existence of a Cause of Action for Discrimination Under the Medical Marijuana Act
An employee may sue an employer under the Pennsylvania Medical Marijuana Act (“MMA”) for discrimination because of the employee’s status as an individual who is certified to use medical marijuana. This was the recent holding of the Superior Court in the case of Moses Taylor Hospital v. Palmiter. As you may recall, we discussed…
COVID-19 in the Healthcare Workplace: OSHA Issues Emergency Temporary Standard
McNees attorney Errin McCaulley is a co-author of this post
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released its long-awaited COVID-19 Emergency Temporary Standard (“ETS”) (the final prepublication version that is set to become effective upon publication in the Federal Register). Covered employers will be required to comply with most provisions…
EEOC Issues New Guidance on COVID-19 Vaccines
On May 28, 2021, the Equal Employment Opportunity Commission issued updated informal guidance on COVID-19 and the federal employment laws that it enforces. This round of guidance focused on COVID-19 vaccines and their intersection with the workplace. With the CDC recently exempting fully vaccinated individuals from masking requirements (except where otherwise required by other federal,…
New York Strikes First On COVID Influenced Legislation
On May 5, 2021, New York Governor Andrew Cuomo signed A2681B/S1034—the Health and Essential Rights Act (“HERO Act” or “Act”), which requires employers to enact an airborne infectious disease exposure prevention standard for all work sites and to create a workplace safety committee.
Under the Act, the NY Department of Labor, in consultation with the…
DOL ISSUES GUIDANCE ON AND MODEL NOTICES FOR ARPA’S COBRA SUBSIDY
The Department of Labor recently issued FAQs addressing basic questions regarding the American Rescue Plan Act’s requirement that employers and health plans subsidize COBRA between April 1, 2021 and September 30, 2021 for assistance eligible individuals. In addition, the Department issued model notices which are required to be provided to certain former employees. The General…
The American Rescue Plan Act: COBRA Subsidies and Other Employee Benefit Changes
The American Rescue Plan Act of 2021 (the “Act”) was signed into law on March 11, 2021. As well as providing extended unemployment, the Act provides for subsidized COBRA, an increase in the amount of dependent care assistance permitted, continued and expanded credit for paid sick and family leave, and assistance for certain single and…
Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?
The answer to this question is . . . it depends. Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their current use of MMJ appears to depend on the specific accommodation requested by the user. We summarize these key…