OSHA Issues Vaccine ETS

As we advised in a Membership Update earlier this week, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has completed its draft Vaccine Emergency Temporary Standard (ETS) and sent it along to the White House Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for final review. Once…

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SBA Opens Review of $500K+ Loans

At long last, beginning today, October 8, the Small Business Administration (SBA) will begin reviewing and qualifying Economic Injury Disaster Loan (EIDL) applications in excess of $500,000. You will recall that the maximum loan amount was increased early last month from the original $500,000 cap to the current $2 million limit. At the same time,…

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New York COVID Designation, HEROES Act Extended

Last week, New York Governor Kathy Hochul announced that Public Health Commissioner Howard Zucker, MD has extended the designation of COVID-19 as a “highly contagious communicable disease” and thereby continued the implementation of the HERO Act. Under the state’s Health and Essential Rights (HERO Act) Act, all employers must implement workplace safety plans establishing procedures…

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Massachusetts Changes PFML Benefit

The Department of Family and Medical Leave (DFML) has implemented a couple of changes that Bay State employers need to be aware of. Effective January 1, 2022, the DFML will increase the average weekly wage and increase the maximum benefit for covered leave. At the same time, the Department also announced a decrease in the…

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Biz Interruption Goes to Trial

Although it clearly remains to be seen how the final verdict will play out, a federal judge in Missouri has allowed a COVID-19 business interruption lawsuit to proceed to trial. Judge Stephen Bough of the US District Court for Western Missouri continues to swim upstream on the issue of COVID-19 business interruption claims as most…

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EEOC Files COVID ADA Lawsuit

We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to…

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Still Few Answers on Vaccine Mandate

Although the President announced the drastic step over one week ago, there is still very little known by way of definite answers on what will and will not be contained in the final Department of Labor Emergency Temporary Standard regarding his vaccine mandate – and it may be a few more weeks until we see…

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NY Governor Triggers HEROES Act

When New York Governor Kathy Hochul announced on the Labor Day holiday that the state Commissioner of Health had issued a designation of the COVID-19 virus as a “highly contagious communicable disease”, the announcement triggered the state HEROES Act and along with it, a host of additional obligations on the state’s employers. The HEROES Act,…

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New York City Enforces Vaccine Passports

Earlier this week, the New York City requirement that diners must show at least proof of at least one shot of the COVID vaccine began being enforced. Notwithstanding that a lawsuit filed by a number of Big Apple restaurants last month is still pending in the courts, the city began enforcement of the Mayor’s proof…

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Biden Vaccine Mandate

Last night from the White House, President Biden announced that through the US Department of Labor’s Occupational and Safety Health Administration (OSHA), he will be requiring that all American employers with 100 or more employees mandate that their employees be vaccinated against the coronavirus or produce a negative COVID-19 test on a weekly basis. In…

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