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OSHA’S Disappointing Reversal on Recording COVID-19 Infections as Workplace Injuries

May 21, 2021 | Client Alert

OSHA’s revised enforcement guidance issued to its Compliance Safety and Health Officers is a 180 degree turnabout from the guidance issued on April 10. OSHA justifies its policy reversal based on three sets of facts: incidence, adaptation, and the return of the workforce. Whether OSHA’s rationale for changing its position is compelling is besides the point. Employers must comply with OSHA’s new directive.

Perhaps Some Relief Under Illinois’ Biometric Information Privacy Act.

May 21, 2021 | Client Alert

BIPA opened the flood gates to a wave of employee- based class actions in Illinois. In 2019, following the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Entertainment Corp, this wave of filings became a deluge. In the 148 days following the Rosenbach decision, the Illinois Plaintiff’s bar filed nearly as many BIPA class action suits as they did in the ten years prior to the decision.

Should Employers Encourage or Require COVID Vaccinations?

April 29, 2021 | Client Alert

Employers with vaccinated employees are safer workplaces. Vaccinated employees are 95% less likely to catch COVID-19 than unvaccinated employees. Every vaccinated employee brings employers another step closer to responsibly returning to pre-pandemic business.

Stimulus Package Resurrects the COBRA Subsidy

April 7, 2021 | Client Alert

During the Great Recession of 2008-09, the American Recovery and Reinvestment Act (ARRA) subsidized premium payments to most COBRA-eligible people who experienced a job loss. The provision sunset after May 2010.