COVID-19 and Force Majeure

As the COVID-19 pandemic continues, clients may need to familiarize themselves with an oft-overlooked contractual provision – the “force majeure” clause.  This update will discuss force majeure events and force majeure clauses and explain contractual parties’ obligations if a force majeure event occurs.[1] What is a force majeure event, and what is a force majeure Continue reading

OSHA COVID-19 Vaccination and Testing ETS – Update and Current Status

On Friday, December 17, 2021, the 6th Circuit Court of Appeals lifted the stay of the OSHA COVID-19 Vaccination and Testing ETS (“ETS”), allowing the ETS to move forward.  Opponents of the ETS have filed a petition with the Supreme Court to block the ETS.  Here is the latest information from OSHA, available on its Continue reading

Vaccine Mandates – Navigating the Road Ahead

As of today, the OSHA ETS mandating vaccination and/or weekly testing for employers with 100 or more employees, the CMS Vaccine Mandate for healthcare workers and the Federal Contractor Mandate have all been the subject of nationwide injunctions barring further enforcement pending resolution of legal challenges.This begs the question: what does this mean for employers subject Continue reading

Path out of the Pandemic Action Plan: Expanded COVID-19 Vaccine Requirements for Employers with 100+ Workers

On Thursday, September 9, 2021, President Biden announced new COVID-19 vaccine requirements that are expected to affect two-thirds of all U.S. workers. The effort is in response to the spread and impact of the highly contagious COVID-19 delta variant and is part of a larger White House action plan at combatting the pandemic. Here is Continue reading

OSHA COVID-19 Emergency Temporary Standard for Healthcare

On June 21, 2021, OSHA published its long-awaited COVID-19 Emergency Temporary Standard (ETS). Rather than issue an ETS applicable to all industries, OSHA focused on healthcare. At the same time, OSHA also issued new general industry guidance applicable to employers not covered by the healthcare ETS. This post will summarize the ETS and associated requirements.  1.    How do employers determine if Continue reading

Keeping Your Eye on the Ball: Maintaining Focus on Keeping an Organization’s Confidential Information Confidential

            The old adage is that an organization’s best asset is its people. That is often true – but a close second may be its confidential information and trade secrets. While many employers properly focus on their employees and maintaining a healthy work environment, it can be easy to lose focus on taking proper steps Continue reading

The American Rescue Plan Act Provides for Fully Subsidized COBRA Coverage

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (“ARPA”) in response to the COVID-19 pandemic.  The ARPA includes numerous provisions that impact employers including extending FFCRA leave (see prior blog post here) and providing fully subsidized COBRA coverage for eligible individuals.  This blog focuses on COBRA subsidies.  Generally, COBRA Continue reading

Return to the Workplace: Mandating vs. Encouraging Vaccines

Now that COVID-19 vaccines are becoming more widely available, employers have questions as to whether they can (or should) require that employees obtain a COVID-19 vaccine. Summarized below are common questions and answers, based on current guidance: 1.     Can an employer require employees to obtain a COVID-19 vaccine as a condition of employment?Generally, yes. There are few employers Continue reading

CDC Recommends Spring Break Staycation

After a long, cold winter in isolation, most people are ready to get out and go somewhere, right?  Not so fast, according to the CDC.  “Travel increases your chances of getting and spreading COVID-19.  CDC recommends that you do not travel at this time.  Delay travel and stay home to protect yourself and others from Continue reading

COVID-19 Response and Back-to-Business Limited Liability Act

On June 18, 2020, Governor Reynolds signed the “COVID-19 Response and Back-to-Business Limited Liability Act” (the Act). In an agreeable nod to Iowa business owners, this new state law requires that people seeking to file a civil action related to COVID-19 exposure will need to demonstrate they meet specific requirements. In short, these requirements create Continue reading

Update – Paycheck Protection Program Flexibility Act

On June 5, 2020, the Paycheck Protection Program Flexibility Act (PPPFA) was signed into law. The law aims to address concerns about the Paycheck Protection Program (PPP) asserted by the U.S. small business community. The initial PPP loan program was created under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into Continue reading