OSHA recently issued new FAQs concerning employers who may require employees to be vaccinated. Adverse reactions to the vaccines are considered “work-related” by OSHA. Employers who require COVID-19 vaccines must notify OSHA within 24 hours of an employee’s inpatient hospitalization (or within eight hours of an employee’s death) resulting from an adverse reaction.
Thomas Henican, partner at Riess LeMieux, will cover legal issues implicated by the recent approval and use of COVID-19 vaccines, including: Equal Employment Opportunity guidance, the ADA, the Civil Rights Act and the Pregnancy Discrimination Act. The discussion will include best practices for employers considering distribution of the vaccine directly (or through a third party) and/or requiring proof of vaccination to return to work, and will conclude with a discussion of Louisiana’s liability limiting COVID-19 statute as to employer vaccination programs and the proposed federal legislation.
Occupational Safety and Health Administration (OSHA) has recently issued two enforcement memos regarding COVID-19 in the workplace. These memos will update employers on protocols for recording COVID-19 illnesses that have resulted from exposure in the workplace and provide guidelines for employees when reporting COVID-19 illness or injury. These memos will also include guidance for compliance safety and health officers for investigating workplaces during the emergency.
The recently passed CARES Act provides significant assistance to small businesses that may be considering bankruptcy due to financial losses caused by the COVID-19 pandemic. The new law expands the debt limits threshold from $2,725,625 to $7,500,000, thus allowing many more individuals and businesses to qualify for expedited bankruptcy relief under the Small Business Reorganization Act. Bankruptcy filers will also be able to exclude any economic relief they receive from the federal government as a result of the COVID-19 pandemic so as not affect their eligibility to file. Lastly, those operating under a confirmed Chapter 13 plan, assuming proof of “material financial hardship,” can extend their plan up to seven years.
As the novel coronavirus (COVID-19) continues to spread, employers and employees alike are concerned about how the virus may impact their rights. Employers are also concerned about what duties are owed to employees under federal or state law. These concerns may include notifying employees of preventative measures or leave requirements resulting from the spread of […]