Workplace Policies and Processes

By A. Scott Hecker, Brent I. ClarkJames L. CurtisMark A. LiesAdam R. YoungPatrick D. Joyce, Daniel R. Birnbaum and Craig B. Simonsen

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022.

On Tuesday, January 25, 2022, the federal Occupational Safety
Continue Reading OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

By Ronald S. Gart and Christopher A. Sickles

Seyfarth Synopsis: Pursuant to the Mayor’s Order 2021-148 (the “Order”), beginning on January 15, 2022, the District of Columbia has required certain businesses to verify that all patrons aged 12 and over have received at least one dose of the COVID-19 vaccine. Beginning on February 15, 2022, all patrons must show
Continue Reading The District of Columbia’s Vaccine Mandate: What Businesses Need to Consider

By Jennifer L. Mora

Seyfarth Synopsis: On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer
Continue Reading Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users

By Adam R. Young, Patrick D. Joyce, A. Scott Hecker, Brent I. Clark, James L. Curtis, Benjamin D. BriggsMark A. Lies, Bradley D. Doucette, and Ilana R. Morady

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending
Continue Reading OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

By Benjamin J.Conley and Adam R. Young

Seyfarth Synopsis: The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require unvaccinated employees to submit weekly COVID-19 testing results by February 9, 2022. New guidance from the Biden Administration could require employer health plans to reimburse the cost of at-home COVID testing in certain circumstances, creating confusion for employers on
Continue Reading Latest Biden Administration Order Requires Some Employers to Pay for Cost of COVID Testing

By Pamela Q. Devata and Jennifer L. Mora

Seyfarth Synopsis: Each year, employers revisit and possibly modify their background screening policies and practices to account for newly enacted ban-the-box and other laws impacting background screening. Last year, we saw some major developments, which are highlighted in this blog.

Illinois

Illinois amended the Illinois Human Rights Act to make it
Continue Reading Another Busy Year for Employment-Purposed Background Checks: What Happened in 2021?

By Minh N. Vu

Seyfarth Synopsis:  We predict 2022 will look a lot like 2021 with roughly the same number of lawsuits and DOJ pushing the boundaries of the ADA.

Like 2020, 2021 was a tough year for businesses.  Still dealing with the constantly-changing COVID-19 landscape, businesses were also bombarded with what may be another record number of ADA
Continue Reading Crystal Ball 2022: More Aggressive DOJ Enforcement, More Lawsuits, and Maybe a New Rulemaking

By Jennifer L. Mora

Seyfarth Synopsis: Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment.

Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking adverse action
Continue Reading Philadelphia’s Restrictions on Pre-Employment Marijuana Tests Become Effective January 1, 2022

By Loren Gesinsky and Robert S. Whitman

Seyfarth Synopsis:  New York City’s chief legal officer has shared some details about what to expect in the forthcoming regulations implementing the City’s COVID-19 vaccine mandate for private employers, which takes effect on December 27, 2021.

Mayor Bill de Blasio announced on December 6, 2021 — as summarized here — that all
Continue Reading Details on NYC Vaccine Mandate Revealed

By Julia Gorham and Aimee Hinksman

Seyfarth Synopsis: Global employers have had to become adept at re-arranging the ways in which their employees work over the past two years, both domestically and internationally, with varying modes of mobility.

Business decisions are being made that will impact the direction of workforces, whether return to office working environments, adopting hybrid
Continue Reading Avoiding Discrimination Claims in the Changing Global Workplace