BW INSIGHTS

OSHA Withdraws Portion of COVID-19 Healthcare ETS

By BrownWinick | 12.29.2021
On December 27, 2021, OSHA announced that because it could not finalize a permanent standard to replace its Healthcare Emergency Temporary Standard (the “Healthcare ETS”) within the 6-month window it had to do so, “it is withdrawing the non-recordkeeping portions of the healthcare ETS.” OSHA says the COVID-19 log and reporting provisions remain... Read More

The COVID-19 Vaccine Mandate (and More) is Here

By Danielle Smid | 11.08.2021
As discussed in our prior blog entry, on September 9, 2021, President Joe Biden announced that the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) would soon issue an Emergency Temporary Standard (“ETS”) which included a COVID-19 vaccination mandate for large employers. OSHA’s ETS was finally released on November 4,... Read More

Iowa Enacts a New Law on Employer Vaccination Mandates and Unemployment Insurance

By Danielle Smid | 11.08.2021
On October 29, 2021, Iowa passed and enacted House File 902 which establishes new requirements for employers mandating COVID-19 vaccinations for their employees. The new law also affects unemployment benefits for employees who are discharged for refusing to receive a COVID-19 vaccine. In reviewing the summary below, keep in mind that the law... Read More

Federal Contractor Vaccine Mandates Have Arrived. OSHA’s Nationwide Private Sector Mandate is Close Behind.

By BrownWinick | 10.26.2021
Federal Contractors Targeted First On September 9, 2021, President Biden issued Executive Order 14042, an Executive Order on “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” EO 14042 ordered federal departments and agencies to ensure that contracts and contract-like instruments include a clause requiring prime contractors to... Read More

An Update on Vaccine Incentives: Can Employers Raise Health Insurance Premiums for Unvaccinated Employees? 

By Danielle Smid | 09.13.2021
Last week, BrownWinick provided an update on COVID-19 vaccinations in the workplace, including anticipated requirements from the Department of Labor’s Occupational Safety and Health Administration (“OSHA”). It is expected that these requirements will apply only to certain larger employers, although the anticipated rule is still in its early... Read More

Company with 100+ Employees? Prepare for the Most Stringent Vaccine Requirements Yet.

By BrownWinick | 09.10.2021
On September 9, 2021, President Biden announced an updated national COVID-19 strategy that includes the most sweeping vaccine requirements to date. Of note, under the strategy, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) is developing a rule that will mandate all large employers to either: (1) require their... Read More

Vaccinations in the Workplace

By Danielle Smid | 08.12.2021
As the COVID-19 Delta variant spreads, many employers are becoming increasingly concerned about the health and safety of their workforce and have again begun looking toward additional safety measures to combat COVID-19 in the workplace. Such measures include but are not limited to mandatory vaccinations (showing proof of their vaccination status)... Read More

Iowa Supreme Court Clarifies Iowa Civil Rights Act Individual Liability, Disability Discrimination, Failure to Accommodate, and Retaliation Standards

By BrownWinick | 06.28.2021
On Friday, June 25th, the Iowa Supreme Court filed a decision addressing several issues under the Iowa Civil Rights Act. In Rumsey v. Woodgrain Millwork, Inc., a discharged employee filed disability discrimination and retaliation claims against his former employer. The employee was injured at work in early 2015, and the employer provided the... Read More

Iowa Supreme Court Decides Key Iowa Drug and Alcohol Testing Law Questions, Provides Leniency to Iowa Businesses

By BrownWinick | 06.25.2021
This morning, Friday, June 25, 2021, the Iowa Supreme Court filed decisions in two cases involving Iowa’s private sector drug and alcohol testing law. Under the decisions, Iowa employers will not be held liable for violating Iowa’s private sector drug and alcohol testing law so long as they “substantially comply” with the provisions of the law.... Read More

OSHA Issues Emergency Standard for Health Care

By BrownWinick | 06.22.2021
On June 10, 2021, the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) establishing heightened COVID-19 workplace safety regulations for most healthcare providers in the United States. In addition to workplace safety requirements, the ETS also reincarnates mandatory paid time off for employees,... Read More

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