DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies. During the hearing, Secretary Walsh was candid: “To be completely honest, I need more
Continue Reading Seyfarth Policy Matters Newsletter – May 20, 2022

By Adam R. Young, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Federal OSHA is rolling out an aggressive COVID-19 enforcement program to inspect “high hazard” employers, as well as re-inspect those healthcare employers who have received COVID-19 complaints in the past. 

In March 2022 at the ABA OSHA conference, OSHA enforcement leadership publicly declared the “COVID-19
Continue Reading COVID-19 “Endemic” is Not Over: OSHA is Opening New COVID-19 Programmed Inspections

By Daniel B. Klein, Christina Duszlak, and Alex J. Reganata

Seyfarth Synopsis: The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022.  Employers have until April 29, 2022 to file their applications for reimbursements.

On May 28, 2021, a temporary Massachusetts law providing
Continue Reading Massachusetts COVID-19 Emergency Paid Sick Leave Will Expire On March 15th

By A. Scott HeckerBrent I. ClarkBenjamin D. Briggs, James L. CurtisAdam R. YoungIlana Morady, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to
Continue Reading U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation

By Kristina M. Launey

Seyfarth Synopsis: On October 18, the DFEH issued Guidance which expressly approves denial of entry to individuals who cannot show a negative COVID test or proof of vaccination, refuse to have their temperature taken or respond to COVID-19 symptom screening questions, subject to providing reasonable accommodations to customers with disabilities.

In the latest COVID-related quandary, businesses

Continue Reading COVID Confusion Clarity: California DFEH Issues Guidance for Businesses Confronting Vaccination and Testing Exemption Requests

Seyfarth Synopsis: If you’re feeling a little déjà vu regarding the issues your company is facing with returning to work, you are not alone. As the lingering global pandemic continues to wreak havoc on operations for companies across the Midwest, employers continue to face the daily challenges at each new stage of the pandemic.

Join our panel of COVID-19
Continue Reading Webinar: Shifting Return to Work Issues: Challenges and Solutions For Midwest Employers

By Lorie E. AlmonMeredith-Anne BergerAnne R. Dana, and Glenn J. Smith

Seyfarth Synopsis: With no fanfare or effective means of publication, New York adopted an emergency regulation, effective May 26, 2021, implementing the latest CDC guidance on face coverings, with certain key exceptions. Notably, face coverings are required for unvaccinated food service workers at all
Continue Reading The Never Ending Story – More COVID-19 Guidance for New York: Adoption of an Emergency Regulation for Face Coverings and Proposed Rollbacks of Industry-Specific Guidance

By Coby TurnerPatrick D. JoyceIlana MoradyAdam R. Young, and Elizabeth M. Levy

Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that
Continue Reading For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

By Jaclyn GrossPatrick D. JoyceBernard Olshansky, and Chantelle C. Egan

Seyfarth Synopsis: During the COVID-19 pandemic, California grocery, drug store, and other front-line workers have continued to sell essential products, stock shelves, clean buildings, and otherwise keep our economy moving. Several cities and counties have taken action—often in hap-hazard ways—to force the employers of these
Continue Reading Hap-Hazard Pay: COVID-19 Hazard Pay Ordinances

By Matthew Graffigna and Robert E. Buch

Seyfarth Synopsis: Senate Bill 1159 was signed into law by Governor Newsom on September 17, 2020, and went into effect immediately. Under the new law, if employees test positive for COVID-19 under specific circumstances, there is a rebuttable presumption that their exposure occurred at the workplace. Unless rebutted, this presumption creates a compensable
Continue Reading Workers’ Compensation Liability Is Catching In California