Today, the U.S. Supreme Court put the brakes on OSHA’s mandatory vaccination and testing rules for private employers with at least 100 employees. The Court ruled that OSHA exceeded its authority when issuing its Emergency Temporary Standard (ETS) requiring either mandatory vaccination or weekly testing and face masks. The Court noted that OSHA is charged … Continue Reading
On Friday night, the Sixth Circuit Court of Appeals gave OSHA’s Emergency Temporary Standard (ETS) on COVID vaccination new life. As you may remember, OSHA issued an ETS requiring employers with 100 or more employees to adopt a vaccination policy that either made vaccination mandatory, or gave employees a choice between vaccination or weekly testing. … Continue Reading
Ver la versión en español aquí On November 18, 2021, Florida Governor Ron DeSantis signed HB 1B into law, which creates Fla. Stat. 381.00317 and imposes new limitations on private employers’ ability to mandate COVID-19 vaccinations in the workplace. The law is effective immediately, and now Florida employers must adapt. Here is what you need … Continue Reading
Ver la versión en español aquí Florida employers face conflicting federal/state legal obligations. It can be tough to keep up. On Thursday of last week, the federal Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) establishing mandatory vaccination requirements for employers with 100 or more employees. The regulation was published in … Continue Reading
Ver la versión en español aquí. We also discussed this in our Labor & Employment client alert here. After much anticipation, OSHA finally issued its rule for mandatory COVID-19 vaccination and testing for certain employers. It is referred to as an emergency temporary standard (“ETS”). While the ETS will be challenged in the courts, employers must still prepare now … Continue Reading
You heard the following directive yesterday from President Biden: Private employers with 100 or more employees must ensure their workers are vaccinated against COVID-19 or require unvaccinated employees to produce a negative test result on at least a weekly basis before coming to work. Everyone should take a deep breath. Nothing is required at this … Continue Reading
Ver la versión en español aquí During this pandemic, Florida businesses are caught between a rock and hard place. If they open too soon, they risk lawsuits from customers claiming they acquired COVID-19 at their business. If they remain closed or operate at limited capacity, they face the possibility of going out of business. Fortunately, … Continue Reading
Ver la versión en español aquí While we are all busy thinking about ways to safeguard ourselves, our families, and our businesses during the coronavirus pandemic, let us not forget that hurricane season is just around the corner. It runs from June 1 through November 30. Unfortunately, NOAA has predicted a busy 2020 Atlantic hurricane … Continue Reading
Statistics Updated October 27, 2020. On February 11, 2020, the World Health Organization (WHO) announced an official name for the disease that is causing the novel coronavirus outbreak, first identified in Wuhan China. The name of this disease is coronavirus disease 2019, abbreviated COVID-19. On March 11, 2020, the WHO declared the COVID-19 outbreak as a … Continue Reading
Ver la versión en español aquí If yes, they need to stop today. Why? Effective October 1, 2019, Florida drivers can use wireless communication devices (e.g., cell phones) only in a hands-free manner when driving in a designated school crossing, school zone, or work zone where construction personnel are present or operating equipment on the … Continue Reading
Ver la versión en español aquí It’s time! An employee needs to go. The departure needs to be a clean break with no threat of future litigation. A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading
Ver la versión en español aquí The Zika virus — a disease spread primarily through mosquito bites — continues to make international headlines. While the virus is not new, it is new to the Americas. According to the U.S. Centers for Disease Control (CDC), outbreaks have been reported in at least 51 countries or territories. Brazil … Continue Reading
Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading
Ver la versión en español aquí I wanted to post about something exciting and attention-grabbing to start 2015. What better way than an update on the Occupational Safety and Health Administration (OSHA) recordkeeping requirements, right? Okay, I realize that OSHA and recordkeeping will not generate quite the level of excitement and fascination that I had … Continue Reading
You know it is the height of summer when we start posting about ditch digging and OSHA violations. Although not the sexiest of topics, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently decided an issue for the first time: Can a supervisor’s knowledge of his own violation of an OSHA safety … Continue Reading
On September 8, the Occupational Safety and Health Administration (OSHA) issued a Directive with general enforcement policies and procedures for field offices when conducting inspections relating to workplace violence. The Directive focuses not only on the steps to be taken in response to an incident of workplace violence but the factors OSHA will consider when … Continue Reading
For years, Oprah Winfrey has asked guests to sign a pledge promising not to text while driving. The Occupational Safety & Health Administration (OSHA) has taken up the calling. OSHA has dedicated an entire portion of its website to Distracted Driving and is encouraging employers to help solve the problem of texting while driving. According … Continue Reading
