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Despite the imminent widespread availability of vaccines and an increasing likelihood that workers will want to receive the shot, many employers remain unprepared to deal with vaccinating their workforces. What should employers do now to prepare for the imminent widespread distribution of vaccines? This alert provides a suggested 10-step plan for you to consider. Read more…

The COVID-19 pandemic prompted profound changes in the ways people work, attend school, shop, dine, worship and access medical services. Most features of these new operating models will persist in the post-pandemic world, but they have potentially transformed the risk profiles of many organizations. Read on to learn more. Read more…

2 Florida Senate Bills to provide liability protections to Florida businesses from frivolous COVID-19 related claims. SB 74 is for healthcare and SB 72 is for non-healthcare. Senator Jeff Brandes (St Petersburg) is behind both bills.

https://www.flsenate.gov/Session/Bill/2021/72

https://www.flsenate.gov/Session/Bill/2021/74

Earlier this week, Senator Brandes filed SB 72 and Representative McClure filed HB 7, identical bills to provide liability protections to Florida businesses from frivolous COVID-19 related claims. Senate and House leadership intend to fast-track these bills, and, in fact, the House bill is scheduled to be heard in the House Civil Justice & Property Rights Subcommittee meeting next week (January 13, 2021, at 4:00 p.m.) Read more…

As restrictions loosen or expire and vaccines slowly roll out, employers that start bringing employees back to the office will be faced with an increased risk of COVID-19-related Employment Practices Liability (EPL) claims. Smart employers will proactively evaluate return to work plans from both a legal and insurance perspective to ensure they are protecting business operations and employee health. Read more…

Apart from securing employment practices liability (EPL) coverage, it’s important to stay up to date on the latest EPL market trends. In doing so, your organization will have the information needed to respond appropriately and make any necessary coverage adjustments. Review this guidance to learn more about EPL trends to watch in 2021. Read more…

Review this article to learn more about workers’ compensation trends to watch in 2021. Read more…

This document features the top post-coronavirus checklists, all in one place. Fill out the form below to download your free copy:

This questionnaire gives businesses the opportunity to review their exposures relative to Coronavirus (COVID-19) and take proactive steps to mitigate their risks.

Fill out the form below to download your free copy:

As states begin to lift COVID-19 stay-at-home orders, this guide touches on key issues for retailers to
consider. Fill out the form below to download your free copy:

This document presents issues and questions that should be considered as firms evaluate their return to work policies. The research compiled is a blend of federal and state guidelines, lessons learned from international companies who have already re-opened their offices, as well as companies here in the U.S. who have already put together a process to reopen. Fill out the form below to download your copy:

An update on the Supreme Court of the United States ruling on the OSHA ETS vaccination and testing mandate. Read more…

On Jan. 13, 2022, the Supreme Court of the United States ruled to halt OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS). This article provides more information about the current status of the OSHA ETS and ongoing COVID-19 safety considerations for employers. Read more…

In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases this morning despite having announced a special decision day that led most Court observers to think that today was the day. This means that the OSHA ETS continues to proceed as scheduled with one critical deadline already having passed earlier this week and another deadline looming on February 9. Meanwhile, the CMS Healthcare Vaccine Mandate, which applies to certified Medicare and Medicaid providers, continues to proceed toward its effective date in about half the states due to a complex series of lower court decisions. When should we expect rulings from SCOTUS on these two critical cases – and more importantly, what should you do in the meantime? Read more…

This legal update provides a reminder of what is required of employers for the OSHA vaccine and testing effective dates of Jan. 10, 2022 and Feb. 9, 2022. Read more…

This checklist is a jumping-off point to help employers prepare for the OSHA vaccination-or-testing rule. As the rule is currently facing legal challenges, this checklist will be updated as the situation develops. Read more…

Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the docket to hear oral arguments on January 7, you can feel confident that we should gain clarity about employers’ compliance obligations related to the OSHA ETS and the CMS Healthcare Vaccine Mandate before too long. This Insight will cover three areas: we’ll provide a preview of the main arguments being raised by both sides, we’ll offer up our predictions for what we expect to have happen, and we’ll give employers a step-by-step plan for what to do while waiting for the rulings. Read more…

On Jan. 7, 2022, the Supreme Court will consider whether the OSHA ETS for COVID-19 and the CMS emergency rule requiring COVID-19 vaccination of certain health care workers can be enforced while legal appeals are pending. Read more…

The nation’s highest Court has announced it will step in and rule whether the Biden administration’s aggressive workplace vaccine strategy – including a mandate-or-test rule for larger employers and a strict mandate for certain healthcare organizations – should be temporarily blocked or are permitted to move forward as planned. In a pair of brief orders issued late Wednesday afternoon, the Supreme Court accepted review of the challenges to both OSHA’s ETS and CMS’s healthcare mandate and announced that oral argument will be held for both cases on January 7. So what should you be doing in the meantime? Here is a review of what has happened, along with a five-step survival guides for employers subject to either the OSHA ETS or the CMS mandate. Read more…

On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued guidance addressing the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA). This Legal Update provides more information. Read more…

In one of the more shocking developments in a year full of surprises, a federal appeals court breathed new life into the Biden administration’s mandate-or-test emergency vaccine rule with a stunning Friday afternoon decision. A three-judge panel of the Sixth Circuit Court of Appeals – which had been widely expected to keep the ETS on ice pending resolution of the many legal challenges against it – overturned the stay blocking the rule from taking effect. The upshot? Employers now have a January 10 deadline to work toward, which means the time to take action is now. This Insight will present a five-step game plan for employers, followed by a deeper dive analysis of the court ruling. Read more…

On Friday Dec. 17, 2021 the 6th Circuit Federal Court of Appeals reinstated OSHA’s federal emergency temporary standard (ETS) for COVID-19. The 6th Circuit court decision reverses the stay ordered in November by the 5th Circuit and allows OSHA to resume ETS implementation and enforcement nationwide. Read more…

Employers may feel confused about the status of the lawsuits that blocked the OSHA Vaccine mandate-or-test ETS from going into effect as originally planned. Not only do you feel stuck in a litigation limbo, but you can’t make heads or tails of things when you read about the current happenings in the court. In the past few weeks, there has been considerable activity at the 6th Circuit Court of Appeals after all of the legal challenges were consolidated to that venue: motions to transfer the consolidated case to another circuit, motions to lift the previously entered stay, motions for an initial en banc panel proceeding, and a motion to expedite the court’s briefing schedule to accelerate a final decision on the matter. So what happened and what changed – what should you be doing in the interim? The short answer is not much. This Insight presents you with an overview of what’s happening (and a game plan for what you should be doing now) and then provides a deeper dive for those interested in the ins and outs of the litigation. Read more…

Not 24 hours after a Missouri federal court temporarily blocked the Centers for Medicaid and Medicare Services (CMS) from enforcing its COVID-19 vaccine mandate in 10 states, a Louisiana federal court took one giant step further and blocked the rule from taking effect in any healthcare facility across the country not covered by the Missouri decision. The judge’s 34-page order issued late Tuesday contends that the federal government does not have the authority to implement the vaccine mandate, effectively putting the entire rule on ice for the time being. But with a January 4, 2022 deadline looming for covered workers to be vaccinated (and a December 6 deadline for accommodation requests and the first vaccine dose), as well as the ever-present threat that this court order could be overturned by an appeals court or the Supreme Court, what should healthcare employers do while waiting for a final decision? Read more…

During a special legislative session, Florida just passed a new law banning private employers from mandating COVID-19 vaccines unless several exemptions are offered to employees. The law, signed by the governor today, comes as OSHA’s national emergency temporary standard mandating vaccines is embroiled in legal challenges. What do Florida employers need to know about this new law, which takes effect immediately? Read more…

Employers of all sizes can use this all-in-one vaccination tracker to help in their COVID-19 prevention efforts. The tool provides a place to track employee vaccination statuses, a list of FAQs related to the OSHA vaccination and testing mandate and a library of downloadable resources. Fill out the form below to download your free copy:

The 5th Circuit Court of Appeals ruled to extend the stay of the OSHA vaccine and testing emergency temporary standard. Read more…

On Saturday, Nov. 6, 2021, the fifth Circuit Court of Appeals ordered a temporary stay on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS) on mandatory COVID-19 vaccination and Testing for the workplace. Read more…

This compliance bulletin covers the face covering requirements that are required for employer in workplaces with 100 or more employees. Read more…

This compliance bulletin covers recordkeeping requirements imposed by the vaccine and testing ETS. Read more…

This compliance bulletin will cover the requirements for employer support for employee vaccinations under the OSHA vaccination and testing ETS. Read more…

The Occupational Safety and Health Administration has issued an emergency temporary standard to minimize the risk of COVID-19 transmission in the workplace. Read more…

This OSHA Fact Sheet explains an employer’s obligation to report work-related COVID-19 fatalities. This flyer relates to the federal COVID-19 vaccination and testing mandate. Read more…

This compliance bulletin covers the ETS requirements for determining employees’ vaccination status. Read more…

OSHA recently issued its COVID-19 Vaccination and Testing ETS. This policy template from the agency can be used by an employer that will be mandating vaccination. Note: This document is a template and requires customization. Fill out the form below to download your free copy:

OSHA recently issued its COVID-19 Vaccination and Testing ETS. This policy template from the agency can be used by an employer that will be mandating vaccination, or weekly testing and face covering use. Note: This document is a template and requires customization. Fill out the form below to download your free copy:

This fact sheet from OSHA provides an overview of its COVID-19 Vaccination and Testing ETS. Read more…

OSHA released the vaccine mandate requirements for employers with 100 or more employees. Read more…

On Nov. 4, 2021, CMS issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and Medicaid programs. This Legal Update provides an overview of the vaccination requirement. Read more…

As of Friday, Nov. 5, 2021, at least a dozen states have filed lawsuits against the newly announced COVID-19 vaccination and testing mandate. Some states have filed jointly, while others filed individually. This News Brief has more details. Read more…

This compliance bulletin will cover the requirements for COVID-19 policies for mandated vaccinations and alternative policies that include testing and face coverings. Read more…

This compliance bulletin covers the requirements for COVID-19 testing for employees that are not fully vaccinated. Read more…

A compliance bulletin on understanding how employers can determine if they are covered by the COVID-19 vaccination and testing ETS. Read more…

Businesses and organizations ask the Biden Administration to delay the vaccine ETS until after the holidays. Read more…

This Compliance Bulletin provides OSHA’s answers to frequently asked questions regarding the newly released COVID-19 vaccination and testing ETS. Read more…

This form provides an example template of an accommodation request form for a religious exemption from the COVID-19 vaccine. This form is intended to be heavily customized by an employer before use. Fill out the form below to download your free copy:

This form is to be used by employees to self-report their COVID-19 vaccination statuses. Note, minor customization is required for use. Fill out the form below to download your free copy:

This form provides an example template of an accommodation request form for a medical or disability exemption from the COVID-19 vaccine. This form is intended to be heavily customized by an employer before use. Fill out the form below to download your free copy:

On Monday, Nov. 1, 2021, the Department of Labor (DOL) confirmed that the highly anticipated COVID-19 vaccination emergency temporary standard (ETS) will be released “in the coming days,” affecting potentially 100 million workers. This News Brief has more details. Read more…

On Oct. 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance about how employers with COVID-19 vaccine mandates may handle requests for exemptions based on religious beliefs, observances or practices. This Legal Update provides more information about the new FAQs. Read more…

On Oct. 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued issued six new answers to frequently asked questions (FAQs) about how employers with vaccine mandates may handle requests for exemptions based on religious beliefs, observances or practices. This Compliance Bulletin provides more information and includes the EEOC’s six new FAQs. Read more…

Recently, OSHA submitted a draft of its emergency temporary standard for private employers requiring mandatory COVID-19 testing or vaccination to the Office of Management and Budget. This News Brief explains further. Fill out the form below to download your free copy:

The U.S. Equal Employment Opportunity Commission (EEOC) just updated its online COVID-19 technical guidance to further explain its position regarding religious objections to employer COVID-19 vaccination requirements, specifically relating to Title VII of the Civil Rights Act of 1964. The Commission’s guidance, which is consistent with Insights and analyses that we published earlier this year, focuses on questions that arise when applicants or employees seek exemptions or accommodations from vaccine requirements. Read more…

As employers implement their own internal COVID-19 protocols and procedures, many have the additional burden of complying with third-party vaccine policies or enforcing their own vaccine policies upon non-employees such as independent contractors, vendors, or visitors. Such policies raise various issues that come with the vaccine mandate territory, from accommodations to record keeping. Here is our guide to navigating third-party vaccine mandates. Read more…

With many current COVID-19 safety protocols dependent on vaccination status, verification and vaccine mandates continue to raise unique confidentiality and privacy considerations for employers. Here are some important points to keep in mind when tracking, collecting, or disclosing an employee’s vaccination status in certain circumstances. Read more…

As vaccine mandates increase, employers may face yet another headache in the continuing stream of pandemic-related concerns: employees presenting fake cards when asked to establish proof of vaccination. What can you do if you believe an employee has presented a fake vaccine card? And can your company be liable for relying on such falsified records? Read more…

Soon, the government will be imposing a COVID-19 vaccination requirement on private employers. This HR Insights article discusses the implications of this mandate and how it may affect employers once released. Read more…

After the COVID-19 pandemic required many employers to implement remote work arrangements (both to continue their operations and to comply with new state and federal regulations), many employers – and employment lawyers – have wondered how this development would impact businesses’ obligation to allow employees to work from home as an accommodation to a disability in the future. As a result of a first-of-its-kind case filed last week by the U.S. Equal Employment Opportunity Commission, employers may soon get a glimpse at the administrative body’s attitude toward the future of work-from-home arrangements. What lessons can employers learn from the September 7 lawsuit? Read more…

In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced yesterday that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more employees to either ensure their workers are vaccinated or require unvaccinated employees to produce a weekly negative test result before coming to work. Businesses will also be required to give workers paid time off to get vaccinated and to recover from any vaccine side effects as part of the forthcoming emergency rule expected from the Occupational Safety and Health Administration (OSHA). Read more…

On Thursday, Sept. 9, 2021, President Joe Biden signed executive orders requiring federal workers and contractors to get vaccinated against COVID-19. Biden also directed the Occupational Safety and Health Administration (OSHA) to draft a new emergency rule requiring all businesses with 100 or more employees to ensure all of their workers are either tested for COVID-19 once a week or fully vaccinated. Read more…

On May 18, 2021, the Equal Employment Opportunity Commission (EEOC) updated and added new frequently asked questions (FAQs) to its existing guidance on the coronavirus (COVID-19) pandemic and employer restrictions under federal fair employment laws. The updated and new FAQs address mandatory and voluntary vaccine policies and whether employers may offer incentives for employees and their family members to receive vaccines. This Compliance Overview contains the updated and newly added FAQs. Read more…

On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) added new frequently asked questions (FAQs) on employer COVID-19 vaccination programs and the restrictions imposed on them by the Americans with Disabilities Act (ADA) and other federal fair employment laws. This Compliance Bulletin provides the EEOC’s complete, updated FAQs on the coronavirus pandemic and the ADA, which includes the new guidance on vaccines, including vaccine incentives. Read more…

This Compliance Overview summarizes the continuation of relief guidance (Notice 2021-01) from the U.S. Department of Labor, which affects COBRA continuation coverage, special enrollment periods, claims for benefits, appeals of denied claims and external review of certain claims. It also includes the deadline extension for notices and disclosures required under the Employee Retirement Income Security Act (ERISA). Read more…

As employers navigate the legal risks and logistics of return-to-work plans and employee vaccinations, this article explores considerations for increasing employee vaccine acceptance across their organizations. Read more…

The U.S. Department of Labor’s Wage and Hour Division has updated its “COVID-19 and the Family and Medical Leave Act Questions and Answers” web page. This Compliance Bulletin contains the new guidance. Read more…

There is a lot of information out there about the COVID-19 vaccines—and many people you know may have questions or concerns, or lack accurate information about the vaccines. The Centers for Disease Control and Prevention (CDC) provides this guidance for how to talk with friends and family about COVID-19 vaccines. Read more…

On March 11, 2021, President Joe Biden signed into law the American Rescue Plan Act, a relief bill benefiting individuals, governments and businesses, among others. Included in the law are provisions of particular interest to employers and employees. This Compliance Bulletin discusses these items further. Read more…

Employee communications related to the pandemic have played a major role in keeping employees safe and healthy while navigating operational changes and challenges. As employers plan to navigate the legal risks and logistics of employee vaccinations, this article explores what, how and when to communicate about COVID-19 vaccines. Read more…

OSHA requires employers subject to its recordkeeping requirements to post copies of their OSHA Form 300A between February 1 and April 30 of each year. Read more…

An employer can use this document to outline their mandatory COVID-19 vaccination policy. Note: This document is merely a sample template, and all policy usage must be heavily edited before being adopted in a workplace.

Fill out the form below to download your free copy:

An employer can use this document to outline their voluntary COVID-19 vaccination policy. Note: This document is merely a sample template, and all policy usage must be heavily edited before being adopted in a workplace.

Fill out the form below to download your free copy:

Employers of essential workers can review these FAQs from the Centers for Disease Control and Prevention for insight on common COVID-19 vaccination questions. Read more…

On Dec. 29, 2020, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2020-7, which addresses when the DOL will consider electronic posting by employers sufficient to provide employees with required notice of their statutory rights under a variety of federal labor laws. This Compliance Bulletin summarizes the current posting requirements, and explains how electronic means of satisfying these requirements can be achieved. Read more…

On Dec. 29, 2020, the U.S. Department of Labor (DOL) published Field Assistance Bulletin 2020-8 to provide enforcement guidance regarding the use of telemedicine when establishing a serious health condition under the Family and Medical Leave Act (FMLA). Read more…

The Centers for Disease Control and Prevention (CDC) provides guidelines for how employers can respond, and this checklist provides an outline of steps for employers to consider.

Fill out the form below to download your free copy:

Due to the coronavirus (COVID-19) pandemic affecting workplaces, many employers are adopting remote and virtual practices—including interviewing. This toolkit is designed to guide you step by step through the virtual interview process and help you find the right people for your organization.

Fill out the form below to download your free copy:

This template can help you keep track of exposed or confirmed COVID-19 employees.

Fill out the form below to download your free copy:

Please fill out the form below to download your free copy of the Recovery Readiness How to Guide:

Use this guide to outline your company’s telecommuting, or work from home, policy and expectations, and educate your employees on best practices for working from home. Please note that this guide requires extensive customization to reflect your organization’s policies on telecommuting. Fill out the form below to download your free copy:

Employers can use this checklist to manage employees that are working from home during the coronavirus disease 2019 (COVID-19) pandemic. Fill out the form below to download your free copy:

This form may be used by an employee to request leave under the Family and Medical Leave Act (FMLA). This form accommodates a new type of leave that can be used by an employee in the event they need to stay home in order to care for their child whose school or child care facility has been closed due to coronavirus disease 2019 (COVID-19). Please fill out the form below to download your free copy:

Please fill out the form below to download your free copy:

Since the passage of the Families First Coronavirus Response Act, the IRS has released and updated FAQs and other resources on tax credits for employers that provide paid employee leave under the Act. This Compliance Bulletin provides information about the credits and the IRS guidance. Read more…

The Biden administration recently announced a 14-day period of the SBA’s PPP where only businesses with fewer than 20 employees can apply for relief through the program. This News Brief explains further. Read more…

On Jan. 29, 2021, the IRS updated its frequently asked questions (FAQs) on tax credits available to employers for providing paid employee leave under the Families First Coronavirus Response Act (FFCRA). The updates address the recent extension of tax credits to employers who choose to offer FFCRA leave through March 31, 2021. Read more…

The IRS and Treasury Department have issued Notice 2020-54, requiring employers to report compensation for leave taken under the Families First Coronavirus Response Act on Form W-2. This Legal Update discusses the new guidance. Read more…

The IRS and Treasury Department have issued Notice 2020-54, requiring employers to report compensation for leave taken under the Families First Coronavirus Response Act on Form W-2. This Legal Update discusses the new guidance. Read more…

Congress has passed legislation to extend the application deadline for a Paycheck Protection Program (PPP) loan through Aug. 8, 2020. Prior to the extension, the deadline to apply for these funds was June 30, 2020. The extension enables eligible small businesses to apply for funding for five more weeks. The legislation has been sent to President Trump, who is expected to sign the measure into law. Read more…

The Small Business Administration (SBA) and Department of Treasury recently released a streamlined loan forgiveness application called the EZ Forgiveness Application. This In the Know article provides an overview of the newly released application. Read more…

Congress has passed the Paycheck Protection Program Flexibility Act of 2020, which is a bill that provides borrowers with greater flexibility in spending Paycheck Protection Program funds without compromising forgiveness eligibility. The bill has been sent to President Donald Trump, who is expected to sign it into law. This In the Know article provides an overview of the bill. Read more…

Many employers are exploring options related to COVID-19 vaccination status within their workforce, including whether to charge a premium surcharge for nonvaccinated individuals. There are a number of legal considerations to take into account when determining whether to impose a premium surcharge (or offer an incentive) based on vaccination status. This Compliance Bulletin provides an overview of the legal requirements that may apply. Read more…

On Feb. 18, 2021, the IRS released Notice 2021-15 to clarify the application of temporary special rules for health flexible spending arrangements (FSAs) and dependent care assistance programs (DCAPs) provided under the Consolidated Appropriations Act, 2021 (CAA). While the Notice also provides additional mid-year election change relief for Section 125 cafeteria plans generally, this Compliance Bulletin highlights the major clarifications and examples regarding the health FSA and DCAP relief. Read more…

Employers must comply with numerous reporting and disclosure requirements throughout the year in connection with their group health plans. This Compliance Overview explains key 2021 compliance deadlines for employer-sponsored group health plans. It also outlines group health plan notices that employers must provide annually. Read more…

With all the information circulating about COVID-19, it’s easy to become overwhelmed. We’ve made staying up-to-date easier. In this document, W3 staff identifies key health plan topics and summarizes how each carrier is dealing with them. You’ll find valuable information, such as how the plan will cover claims for COVID-19 and extended premium grace periods. This fluid document will change as carriers announce changes (likely daily). We will continue to monitor these changes and keep this document as current as possible.

Latest Updates for the Week:

•  Aetna, UHC, FL Blue announce special enrollment period for those who preciously waived/didn’t add dependents through middle of April.
• Aetna, UHC, FL Blue, Humana and Cigna all announce waived cost sharing to members for COVID-19 testing and treatment.
• FL Blue announces extended grace period through May 31st, 2020.
• Humana announces credit card payment available for small group employers.

If you have specific questions regarding how your carrier will handle coverage or administration, please refer to this document or contact your W3 employee benefits representative for assistance. Read more…

In this document, W3 staff identifies key ancillary plan topics and summarizes how each carrier is dealing with them. This fluid document will change as carriers announce changes (likely daily). We will continue to monitor these changes and keep this document as current as possible. Read more…

Guidance from the Occupational Safety and Health Administration on returning to work during the Coronavirus (COVID-19) pandemic.

Fill out the form below to download your free copy:

Please fill out the form below to download your free copy:

Shared from our friends at TotalHIPAA Compliance