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This article was originally published by the EACCNY. It is republished here with permission.

Authors
Jessica Rothenberg, Associate, Troutman Pepper
Dr. Tobias Polloczek, Partner, CMS Hasche Sigle
Dr. Justus Redeker, Partner, CMS Hasche Sigle

As COVID-19 vaccination roll-outs become more widespread in the United States and the European Union, employers should proactively consider the impact of vaccinations on return to work policies and practices. The extent to which employers are allowed to dictate vaccination policies varies by country, and the practical approaches employers are taking also varies by country. This article discusses key aspects of the legal landscape for workplace vaccination policies in the U.S. and the EU,[1] as well as important practical considerations. For more details on the legal situation regarding vaccination and testing in the individual EU member states, please also see the recently published “CMS Expert Guide to Vaccination and Testing for Employers.”…
Continue Reading COVID-19 Vaccination in the EU and the U.S.: The Employer Perspective

Q: Has the Department of Labor (DOL) issued guidance on the COBRA premium subsidy?

A: On March 25, we reported on the 100% federally funded COBRA premium subsidy included in the American Rescue Plan Act (ARPA), noting the need for additional guidance on a number of issues. See “COVID-19 Resource Guide for Human Resources Professionals: 100% Federally Funded COBRA is Almost Here — What You Need to Know.” In response to questions from stakeholders, the Department of Labor (DOL) issued FAQs on April 7, providing much needed guidance on the COBRA premium subsidy. While the FAQs provide employers with some clarity on the implementation and administration of the COBRA premium subsidy, additional guidance is still needed.…
Continue Reading DOL Issues Guidance on Federally Funded COBRA Premium Subsidy — FAQs and Model Notices Provide Clarification for Employers

Q: Has the Centers for Disease Control and Prevention (CDC) issued any guidance on workplace COVID-19 vaccination programs?

A: Yes. The CDC released guidance for employers in mid-March. Although the CDC recognizes the limited supply of COVID-19 vaccines, it encourages employers to develop policies and share messages with employees to promote confidence in the vaccine, so employees will choose to get vaccinated when vaccines become more widely available. The CDC guidance addresses a variety of issues including:…
Continue Reading CDC Issues Guidance on Workplace Vaccination Programs

Q: What Does the $1.9 Trillion American Rescue Plan Mean for Employers?

A: On March 11, nearly a year after the enactment of the Families First Coronavirus Response Act (FFCRA) and CARES Act, and three months after the enactment of the Consolidated Appropriations Act of 2021, President Biden signed a sweeping $1.9 trillion stimulus package called the American Rescue Plan. The headline-grabbing elements of the American Rescue Plan include $1,400 direct payments to individuals earning below a certain income threshold, $160 billion for COVID-19 vaccine and testing programs, and $360 billion for aid to state, local, and territorial governments. Critical to employers, the American Rescue Plan once again extends federal unemployment insurance benefits and modifies employee entitlement to COVID-19-related leave under the FFCRA.

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Continue Reading The $1.9 Trillion American Rescue Plan

Q: Are employers immune from liability for issues related to COVID-19?

A: As the pandemic continues and COVID-19 vaccines slowly but surely begin to reach more widespread distribution across the country, many employers continue to worry about potential liability in their workplaces for claims involving COVID-19 infections, along with a host of other claims related to employment.

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Continue Reading More States Consider COVID-19 Immunity Laws as Employment Lawsuit Filings Trend Upward

Q: What do employers need to know about the recently released Occupational Safety and Health Administration (OSHA) guidance for COVID-19 prevention programs in the workplace?

A: On January 21, President Biden signed an Executive Order on protecting worker health and safety. Pursuant to the order, on January 29, OSHA released new guidance titled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”

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Continue Reading New OSHA Guidance for COVID-19 Prevention Programs

Q: Are outside sales employees considered exempt under the outside sales exemption (OSE) if they work from a home office during the pandemic?

A: Throughout the last 11 months, the pandemic has required most in-person business activity to go virtual; and this is no less true for employees working in sales. However, Zoom meetings and social distancing have made it challenging for employers to classify their sales force as exempt under the OSE of the Fair Labor Standards Act (FLSA).

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Continue Reading FLSA Exemptions for Outside Sales Employees in the Era of Social Distancing

Q: Are there any new laws or regulations that I should know about as we enter 2021?

A: The year 2020 undoubtedly presented many challenges to employers in keeping up with seemingly ever-changing laws and regulations, in large part due to the COVID-19 pandemic that swept our nation. As employers leave the previous year behind and begin focusing on what will follow in 2021, it is important to be mindful of various significant labor and employment law changes — in addition to those specifically related to COVID-19. Below are summaries of key non-COVID-related issues that employers should know about now and in the year ahead.

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Continue Reading Goodbye 2020! A Look Ahead to Non-COVID Labor and Employment Updates for 2021

Q: What issues should my business begin to address so that when COVID-19 vaccines are ready for distribution, we will be ready?

A: On a nearly daily basis, Americans hear promising news about vaccine developments that will help protect us from COVID-19. As the reality of a safe, effective, and accessible vaccine draws closer, industries and businesses across the country have started developing their own COVID-19 vaccine strategies. These entities have quickly discovered that any vaccine policy implemented will raise complicated questions not previously faced. While historic annual influenza vaccine strategies are informative, COVID-19 vaccine issues bring new challenges because of the sheer magnitude of the pandemic and the unique issues surrounding the pace of development and distribution. Businesses should proactively address these issues now so when the COVID-19 vaccines are ready for distribution, they will be too.
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Continue Reading When the COVID-19 Vaccine Arrives, Will Your Business Be Ready?

Q: Our company has several locations in New Jersey where our employees work in proximity to customers and vendors. Can you please provide details on Governor Murphy’s recent order implementing new workplace health and safety protocols in response to the COVID-19 pandemic?

A: On October 28, New Jersey Governor Phil Murphy signed an executive order establishing new health and safety requirements for employers with employees who are physically present in the workplace. Effective November 5, the order establishes minimum standards for all public and private employers to protect employees, customers, and others who are present in the workplace.
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Continue Reading New Jersey’s Executive Order Addresses COVID-19 and Workplace Safety