- Written by John E. Falcone
A federal judge in Georgia yesterday (December 7) issued a nationwide injunction preventing the Executive Order mandating federal contractor employee vaccinations from going into effect. Courts had previously enjoined the separate OSHA rule that applies to employers with at least 100 employees. Yesterday’s injunction has nationwide effect because one of the parties to the lawsuit was a nationwide contractor trade association. That injunction will certainly be appealed, so this is not the last word on the subject. The case likely will ultimately be decided by the U.S. Supreme Court. For now, the rule is not in effect. Stay tuned for further developments.
John Falcone and Luke Malloy handle employment law matters at PLDR Law. Feel free to contact us if you have questions about this matter.
- Written by John E. Falcone
On April 27, 2021, the President issued an Executive Order which increases the minimum wage for most federal contractors. Beginning January 30, 2022, that minimum wage must be at least $15.00 per hour and will be adjusted annually thereafter. The new wage will apply to federal contracts entered into or renewed on or after January 30, 2022. The Department of Labor issued its final Rule on November 24 with regulations to implement the Order. The Rule is found at Federal Register :: Increasing the Minimum Wage for Federal Contractors. It applies primarily to service contracts, and does not apply to grants.
- Written by John E. Falcone
There have been recent developments in the three areas of the federal vaccine mandates.
(1) The executive order mandating vaccines for all federal employees and contractors
Updated guidance for federal contractors issued by the Department of Labor on November 10 clarified that covered contractor employees must be fully vaccinated by January 18, 2022. The guidance can be found at guidance.
- Written by John E. Falcone
As the fine print details of the new OSHA standard emerge, please note the following:
- Written by John E. Falcone
As we discussed in a previous blog, President Biden on September 9 announced proposals for more aggressive action against the spread of Covid-19. Those proposals consist of 3 primary measures: (1) an executive order mandating vaccines for all federal employees and contractors; (2) an order mandating vaccines for health care workers in settings that receive Medicare or Medicaid reimbursement; and (3) OSHA regulations requiring employers with at least 100 employees to require employees to be vaccinated. OSHA has now issued an emergency temporary standard (ETS) specifying the details of its requirements for employers with at least 100 employees. The standard can be found on the Department of Labor’s website at COVID-19 Vaccination and Testing ETS | Occupational Safety and Health Administration (osha.gov).
- Written by John E. Falcone
On April 27, 2021, the President issued an Executive Order (Federal Register :: Increasing the Minimum Wage for Federal Contractors) which increases the minimum wage for federal contractors. Beginning January 30, 2022, that minimum wage must be at least $15.00 per hour and will be adjusted annually thereafter. The new wage will apply to federal contracts entered into or renewed on or after January 30, 2022. The Order directs the U.S. Department of Labor to issue regulations by November 24, 2021 to implement the requirements of the Order. Some of the questions about details of the Order should be answered by those regulations.
- Written by John E. Falcone
The CDC recently revised its guidelines concerning quarantine and return to work after a worker has been in close contact with someone who has COVID-19. The new guidelines (COVID-19 Quarantine and Isolation | CDC) draw a distinction between people who have been vaccinated against COVID and those who have not been vaccinated.
- Written by John E. Falcone
On September 9, President Biden announced proposals for more aggressive action against the spread of Covid-19. Those proposals consist of 3 primary measures: (1) an executive order mandating vaccines for all federal employees and contractors; (2) an order mandating vaccines for health care workers in settings that receive Medicare or Medicaid reimbursement; and (3) OSHA regulations requiring employers with at least 100 employees to require employees to be vaccinated.
- Written by John E. Falcone
Under the American Rescue Plan Act (ARPA), a COBRA qualified beneficiary who becomes eligible for COBRA due to a reduction in hours or involuntary termination of employment may be eligible for a COBRA subsidy equal to the entire COBRA premium for the period from April 1, 2021 through September 30, 2021. That subsidy period is now nearing its end.
- Written by John E. Falcone
Our last blog focused on Virginia’s new law requiring employers to make reasonable accommodations for employees with disabilities. The law requires employers to post in a conspicuous location and include in any employee handbook information concerning an employee's rights to reasonable accommodation for disabilities, and provide such information to (i) new employees upon commencement of their employment and (ii) any employee within 10 days of such employee's providing notice to the employer that such employee has a disability. We have received several inquiries about how to handle those requirements, as well as similar requirements of the 2020 law concerning pregnancy/childbirth protections.
- Written by John E. Falcone
Effective July 1, 2021, Virginia has a new law requiring employers to make reasonable accommodations for employees with disabilities. This law applies to employers who “employ more than five employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.” Its requirements are similar to the federal Americans with Disabilities Act, which applies to employers with 15 or more employees. A "person with a disability" means any person who has a physical or mental impairment that substantially limits one or more of their major life activities or who has a record of such impairment.
