Category: Private Duty

Are employees required to divulge vaccination status?

Q: Can I require my employees to tell me if they are vaccinated and, if so, to provide proof? A: The EEOC’s COVID-19 guidance provides that asking for proof of an employee’s vaccinated status is not a disability-related inquiry and is permitted under the ADA. However, the EEOC cautions that asking an employee about the […]

EEOC Offers Clarifications, Cautions in New COVID-19 Vaccine Guidance

Updated technical assistance from the Equal Employment Opportunity Commission (EEOC) clarifies how employers can require or encourage employees to take a COVID-19 vaccine, but attorneys advising employers point out how the document also contains cautions. The EEOC updated its technical assistance on May 28 to address questions about how federal equal employment opportunity (EEO) laws may be […]

10th Circuit Decision May Affect Work-From-Home Requests After Pandemic Ends

As COVID-19 vaccinations increase and states ease pandemic-related restrictions, many employers are beginning to plan for employees’ to return to the office. But not all workers may want to return, and some might ask to work remotely because of ongoing concerns about the virus in light of underlying health conditions or simply a fear of […]

Employer’s Mandatory Vaccination Policy Update

Equal Employment Opportunity Commission (EEOC) guidance has confirmed employers may require a COVID-19 vaccination as a condition of employment and/or to return to the workplace. Employers that choose to do so, however, need to be careful about how they implement the vaccine requirements. Who Will Administer Vaccine? Under the EEOC’s guidance, administering the COVID-19 vaccine […]

Employers Warned Not to Overreact to CDC’s Latest Mask Guidance

The Centers for Disease Control and Prevention’s (CDC) announcement that people fully vaccinated against COVID-19 can shed their masks in many settings, including indoors, no doubt came as welcome news to mask-weary workers, but employers are warned not to relax rules too quickly. For one thing, the CDC announcement applies only to fully vaccinated people. […]

COVID-19 Training for Employees

As more and more organizations bring employees back on-site, including those that always kept employees on-site, we must continue to be aware of COVID-19 and what it means for employers and employees as the economy picks back up. In particular, employers still have an obligation under the Occupational Safety and Health Administration (OSHA) to provide […]

Q&A: Revoking authorization for disclosure

Q: If an individual provides authorization for a disclosure, can the individual later revoke the authorization? Is the covered entity (CE) then required to “take back” or demand the erasure of any documentation by third parties that may have been made following the original authorization? A: Individuals have the right to revoke their authorizations in […]

Risk of Spreading COVID-19 to Relatives Justifies Abandoning Work, AR Court Rules

All of us are facing the uncertainty and burdens of dealing with COVID-19’s impact on the workplace. One issue revolves around when employees have good cause to abandon their jobs because of the risks created by the virus. The Arkansas Court of Appeals recently addressed the question and sided with the employee. Tracy Keener was […]

What Is the FAMILY Act?

The Family and Medical Insurance Leave (FAMILY) Act was reintroduced in Congress in 2021 and is known as S. 463 and H.R. 1185. The Act has been introduced repeatedly during legislative sessions for the past 7 years but has yet to progress. The FAMILY Act strives to create paid time off at a portion of […]

Preview of Things to Come? Lawsuit Challenges Employer’s COVID-19 Vaccine Mandate

Access to COVID-19 vaccines continues to expand in the United States, and employers are navigating many questions about employee vaccinations and return to work. Current polling shows a substantial number of workers are hesitant about getting the shots or may refuse to be vaccinated against the virus. Now, a New Mexico employee has filed what […]