McNees attorney Errin McCaulley is a co-author of this post
On June 10, 2021, OSHA released a revised version of its Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Workplace Guidance”). This Guidance was issued simultaneously with the Emergency Temporary Standard, which is applicable only in the healthcare industry. …
This post was authored by Devin Chwastyk and Frank Lavery, II. Devin is the Chair of the Privacy & Data Security group at McNees. Frank is a Law Clerk with McNees. Frank is currently a student at the University of Notre Dame Law School and expects to earn his J.D. in May of 2022.
On…
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,…
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…
On May 10, 2021 the U.S. Department of Health and Human Services (HHS) announced that Section 1557 of the Affordable Care Act and Title IX’s prohibitions on discrimination based on sex include discrimination on the basis of sexual orientation and gender identity. “Research shows that one quarter of LGBTQ people who faced discrimination postponed or…
Governor Wolf’s office announced on Tuesday that all COVID-19 mitigation orders will be lifted on Memorial Day, except for the mask mandate. While this is certainly welcome news, and another sign that the pandemic might be on its way out, it is not necessarily a free pass for employers to throw all caution to the…
On Thursday April 14, 2021, the U.S. Department of Labor announced guidance for plan sponsors, plan fiduciaries, record keepers and plan participants on best practices for maintaining cybersecurity. This is the first time the Department has issued guidance on cybersecurity for employee benefit plans.
The guidance includes tips for plan sponsors and fiduciaries in selecting…
By Adam Santucci & Conner Porterfield. Conner is a third-year law student at Rutgers University School of Law with an expected graduation date of May 2021.
In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the…
The United States House of Representatives has passed the PRO Act, which now moves to the Senate for consideration. If passed, the PRO Act would probably be the most radical, and union friendly, change to U.S. labor law since the passage of the National Labor Relations Act (Act) in 1935. And it is keeping us…
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…
