Fed OSHA’s New COVID-19 Vaccine-Mandate Emergency Rulemaking [Webinar Recording]

On Sept. 17, 2021, attorneys from Conn Maciel Carey LLP’s COVID-19 Task Force presented a webinar reviewing OSHA’s new COVID-19 emergency rulemaking focused on vaccine and testing mandates for many US employers.

On Sept. 9th, President Biden revealed a new COVID-19 Action Plan with one of several key goals to “Vaccinate the Unvaccinated.” The most notable aspect of that plan is a directive to federal OSHA to develop a 2nd COVID-19 Emergency Temporary Standard requiring all but small employers in all industries to implement “soft” vaccine mandates; i.e., require employees to either be fully vaccinated or get weekly testing. The President also directed OSHA to include in this new ETS a requirement that employers provide paid time for employees to get vaccinated and recover from ill effects of the vaccine. Separately, the President issued Executive Orders setting “hard” vaccine mandates for federal contractors and healthcare workers.

The President’s announcement was lean on details, and prompted as many questions as it answered. The attorneys from CMC’s OSHA and Employment Law practices discussed our take on the burning questions raised by this latest development on the COVID-19 front: Continue reading

[Webinar] Employee Handbooks, Training, and Internal Audits

On Tuesday, September 21, 2021 at 1 p.m. ET, join Aaron R. Gelb and Beeta B. Lashkari for a webinar regarding Employee Handbooks, Training, and Internal Audits.

While few, if any, employers had time to develop state-of-the-art policies or revamp their training programs in 2020 for matters unrelated to COVID-19, they would be wise to consider taking proactive steps as the world returns to some semblance of normalcy. As employees begin to focus on more mundane matters, they would do well to remember that a well-drafted, up-to-date employee handbook tailored to your organization is an essential element of your  compliance program. Effective and engaging training is necessary to communicate your policies and priorities to your employees, and to ensure your managers understand their roles and what is expected of them. A state-of-the-art handbook and top-shelf training will be of little value, however, if your employees and/or managers are not following those policies, it is critical that you conduct compliance audits to ensure your organization is walking the talk.

Participants in this webinar will learn: Continue reading

[Bonus Webinar] Fed OSHA’s 2nd COVID-19 Emergency Temporary Standard: Vaccine and Testing Mandates

Join attorneys from Conn Maciel Carey LLP’s COVID-19 Task Force on Fri., Sept. 17th at 1 PM ET for a webinar reviewing OSHA’s 2nd COVID-19 emergency rulemaking focused on vaccine and testing mandates for many US employers.

On Sept. 9th, Pres. Biden revealed a new COVID-19 Action Plan with one of several key goals to “Vaccinate the Unvaccinated.” The most notable aspect of that plan is a directive to federal OSHA to develop a 2nd COVID-19 Emergency Temporary Standard requiring all but small employers in all industries to implement “soft” vaccine mandates; i.e., require employees to either be fully vaccinated or get weekly testing. The President also directed OSHA to include in this new ETS a requirement that employers provide paid time for employees to get vaccinated and recover from ill effects of the vaccine. Separately, the President issued Executive Orders setting “hard” vaccine mandates for federal contractors and healthcare workers.

The President’s announcement was lean on details, and prompted as many questions as it answered. Join the attorneys from CMC’s OSHA and Employment Law practices to talk through our take on the burning questions raised by this latest development on the COVID-19 front: Continue reading

Employee Misconduct Defense, Discipline, and Employment Law Issues [Webinar Recording]

On August 11, 2021, Lindsay A. Disalvo and Ashley D. Mitchell presented a webinar regarding Employee Misconduct Defense, Discipline, and Employment Law Issues.

Disciplining employees, a critical tool in enforcing workplace rules, has the potential to create problems, especially when relationships deteriorate and emotions run high. Even in situations where an employer is disciplining for the right reason, if it is handled incorrectly, a costly lawsuit or labor grievance could result. Employers, however, cannot ignore misconduct and/or poor performance that negatively impacts productivity, employee morale, workplace culture, or the organization’s ability to meet key goals. Consistent employee discipline can also benefit employers in litigation, union grievances, and inspections and investigations by the EEOC and OSHA.

This webinar will give you a blueprint to lawfully discipline employee and mitigate the risk of future litigation. Participants in this webinar learned about: Continue reading

Announcing Conn Maciel Carey’s Labor & Employment Webinar Library

Since 2015, Conn Maciel Carey LLP’s Labor • Employment Practice Group has conducted monthly webinars to give employers insight into legal labor and employment developments. We have compiled the recordings from that Annual Labor & Employment Webinar Series and have created a comprehensive webinar library so you can easily navigate and find relevant employment law programs.

Also, subscribe to our YouTube channel to access all of our past webinars and get an email notification when new recordings become available.  

Click the links in the schedule below for program descriptions for the rest of the 2021 Labor & Employment Webinar Series and register today Continue reading

[Webinar] Employee Misconduct Defense, Discipline, and Employment Law Issues

On Wednesday, August 11, 2021 at 1:00 p.m. ET, join Mark M. Trapp and Ashley D. Mitchell for a webinar regarding Employee Misconduct Defense, Discipline, and Employment Law Issues.

CaptureDisciplining employees, a critical tool in enforcing workplace rules, has the potential to create problems, especially when relationships deteriorate and emotions run high. Even in situations where an employer is disciplining for the right reason, if it is handled incorrectly, a costly lawsuit or labor grievance could result. Employers, however, cannot ignore misconduct and/or poor performance that negatively impacts productivity, employee morale, workplace culture, or the organization’s ability to meet key goals. Consistent employee discipline can also benefit employers in litigation, union grievances, and inspections and investigations by the EEOC and OSHA.

This webinar will give you a blueprint to lawfully discipline employee and mitigate the risk of future litigation. Participants in this webinar will learn about: Continue reading

The State of the Law Regarding Marijuana, Drug Testing and Background Checks [Webinar Recording]

On July 13, 2021, Dan Deacon, Aaron Gelb, and Ashley D. Mitchell presented a webinar regarding “The State of the Law Regarding Marijuana, Drug Testing and Background Checks”.

CaptureThe green wave continued to roll through America during 2020, as several new jurisdictions legalized marijuana in some form. However, new regulatory developments regarding medical and recreational marijuana have created a host of compliance concerns for employers. 35 states and the District of Columbia have passed legislation giving medical marijuana usage the green light. Fifteen states and the District of Columbia have legalized recreational marijuana. Several states have also enacted laws making the possession of small amounts of the drug a civil, not criminal, offense. Although marijuana is currently still illegal under federal law, for the first time in fifty years, a bill was introduced in the U.S. House of Representatives to remove marijuana from the Schedule I controlled substances list in the Controlled Substances Act. In sum, it seems to be only a matter of time before marijuana is legalized in some form throughout the entire country.

This webinar explored the changing legal landscape concerning marijuana, analyzed potential issues related to zero-tolerance policies, and reviewed tips for developing effective drug testing and background check policies. More specifically, participants learned: Continue reading

[Webinar] Federal OSHA’s New COVID-19 Emergency Temporary Standard and Updated COVID-19 Workplace Guidance

On Wednesday, June 16, 2021 at 1:00 p.m. ET, join Conn Maciel Carey’s national OSHA Practice for a webinar regarding Federal OSHA’s New COVID-19 ETS and Updated COVID-19 Workplace Guidance.

On June 10th, federal OSHA finally revealed its much anticipated COVID-19 Emergency Temporary Standard (ETS), but rather than a rule applicable to all industries, OSHA developed a regulation that is narrowly tailored only to certain healthcare settings.  For everyone else, federal OSHA simultaneously published significant updates to its workplace COVID-19 guidance that it had originally prepared in January 2021in response to President Biden’s Day 1 OSHA Executive Order.

The COVID-19 ETS, and its 900+ page Preamble, is a dizzying piece of regulation.  While there are lots of generalizations about how it applies only to hospital settings, there are quirks in the Applicability section that could sweep in other employers, including on-site medical clinics at manufacturing plants, COVID-19 testing facilities in otherwise non-healthcare workplaces, and general facilities support at healthcare locations, such as maintenance, housekeeping, and laundry services.  And in terms of substantive provisions, the ETS does depart from the COVID-19 landscape we have all grown accustomed to over the past year and a half – the ETS requires creation of new roles, will likely require updates to written prevention plans and training, may require new engineering installations and work on HVAC systems, and will definitely affect record making, recordkeeping, and reporting policies.

The updated guidance for all other industries will also likely result in material changes to the way employers are managing the COVID-19 crisis in the workplace.  However, those will be mostly welcome changes, as, at its core, OSHA’s updated guidance aligns OSHA’s recommendations with the CDC’s May guidance regarding dropping masks and distancing for fully vaccinated workers.  But the devil is in the details.

Participants in this webinar will learn the following:

  • To whom, where, and when does Fed OSHA’s new COVID-19 ETS apply
  • What does OSHA’s COVID-19 ETS require and prohibit
  • What employers need to know about OSHA’s updated COVID-19 workplace guidance
  • The impact of vaccination and verifying vaccination status on both the ETS and OSHA’s guidance

Click here to register for the June 16th webinar.

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COVID-19 Task Force Page

For resources on issues related to COVID-19, please visit Conn Maciel Carey’s COVID-19 Resource Page for an extensive index of frequently asked questions with our answers about HR, employment law, and OSHA regulatory developments and guidance, as well as COVID-19 recordkeeping and reporting flow charts.  Likewise, subscribe to our Employer Defense Report blog and OSHA Defense Report blog for regular updates about the Labor and Employment Law or OSHA implications of COVID-19 in the workplace.  Conn Maciel Carey’s COVID-19 Task Force is monitoring federal, state, and local developments closely and is continuously updating these blogs and the FAQ page with the latest news and resources for employers.

ADA Website Compliance Issues – Best Strategies for Employers [Webinar Recording]

On Tuesday, May 18, 2021, Jordan B. Schwartz and Megan S. Shaked presented a webinar regarding ADA Website Compliance Issues – Best Strategies for Employers.

CaptureThe pandemic has not decreased the number of lawsuits filed against businesses, hotels, and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”). Indeed, dozens of lawsuits continue to be filed daily against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. In a relatively new twist, many of these lawsuits now also allege that hotels are fully liable for the failure of Online Travel Agencies such as Orbitz or Expedia to provide information on their website about the accessible amenities of the hotel, including its guestrooms, or to allow an individual with a disability to book an accessible guestroom.

While many ADA lawsuits also continue to be filed alleging that hotel websites cannot be used by individuals with visual or hearing impairments, there is positive news in that regard, Continue reading

[Webinar] ADA Website Compliance Issues – Best Strategies for Employers

On Tuesday, May 18, 2021 at 1:00 p.m. EST, join Jordan B. Schwartz and Megan S. Shaked for a webinar regarding ADA Website Compliance Issues – Best Strategies for Employers.

CaptureThe pandemic has not decreased the number of lawsuits filed against businesses, hotels, and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”). Indeed, dozens of lawsuits continue to be filed daily against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. In a relatively new twist, many of these lawsuits now also allege that hotels are fully liable for the failure of Online Travel Agencies such as Orbitz or Expedia to provide information on their website about the accessible amenities of the hotel, including its guestrooms, or to allow an individual with a disability to book an accessible guestroom.

While many ADA lawsuits also continue to be filed alleging that hotel websites cannot be used by individuals with visual or hearing impairments, there is positive news in that regard, as a recent business-friendly ruling out of the Eleventh Circuit Court of Appeals may make it more difficult for plaintiffs to bring claims against companies for inaccessible websites. That being said, this ruling conflicts with rulings from other circuits that reach the opposite conclusion and thus, a supreme court review of this issue may be brewing. Regardless, it remains important that businesses ensure the accessibility of their websites while also providing an appropriate “accessibility statement” explaining to users the steps you have taken to improve your website’s accessibility.

Unfortunately, there is no sign that ADA lawsuits are slowing down. On the contrary, serial plaintiffs continue to file dozens of these lawsuits each and every day. This presentation will present practical tips and cost-effective strategies for managing the risk of ADA-related litigation in this ever-evolving area of the law.

Participants in this webinar will learn:

Continue reading