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2021 Blog Archives

    • OSHA COVID VACCINE MANDATE STAY LIFTED

      A federal appeals court had issued an injunction staying the OSHA rule that required employers with at least 100 employees to ensure workers are either vaccinated or tested weekly and wear masks.  Because there were numerous lawsuits challenging the rule pending in the federal circuit courts around the country, the cases were consolidated into the 6th Circuit Court of Appeals.  Late on Friday night, the 6th Circuit lifted the stay, allowing the rule to remain in effect.  The Court’s decision can be found at

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  • FEDERAL CONTRACTOR VACCINE MANDATE INJUNCTION

    On December 7, a federal judge in Georgia 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.  The 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.

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  • FEDERAL CONTRACTOR MINIMUM WAGE FINAL RULE

    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.

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  • COVID-19 VACCINE MANDATE UPDATES

    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

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  • NEW OSHA STANDARD FOR COVID VACCINE MANDATE

    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.

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  • REVISED CDC RETURN TO WORK GUIDELINES

    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.

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  • NEW FEDERAL COVID VACCINE MANDATE

    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.

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  • COBRA SUBSIDY TERMINATION NOTICES

    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.

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  • VIRGINIA DISABILITIES AND PREGNANCY LAW REQUIREMENTS

    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.

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  • ACCOMMODATING DISABILITIES

    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.

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