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Category: COVID-19

Latest ATUS Shows Post-COVID Drop in Percentage of Persons Working from Home

The government’s latest annual American Time Use Survey (ATUS), covering calendar year 2022, shows an unsurprising drop in the percentage of U.S. workers working at home since the peak of the COVID-19 pandemic, although at-home work is still much more common than it was pre-COVID. The survey, conducted by the Department of Labor’s Bureau of Labor Statistics (BLS), indicates that...
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Category: COVID-19

DHS Confirms Remote I-9 Review Option To End on July 31

The temporary policy adopted during the COVID-19 pandemic that allows employers to conduct electronic I-9 verifications of employee identification and work authorization documents for remote new hires will end July 31, the U.S. Department of Homeland Security (DHS) has announced. Employers will have until August 30 to inspect in person any documents that were presented remotely. The agency has provided guidance advising...
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Category: COVID-19

New Biden Executive Order Officially Rescinds Federal Contractor Vaccine Mandate

President Biden has issued Executive Order 14099 (E.O.) officially rescinding the COVID-19 vaccine mandate for federal contractors as of May 12, 2023. The E.O. follows an announcement by the Department of Health and Human Services (HHS) that the COVID-19 public health emergency was ending May 11, 2023. The vaccine mandate for federal contractors was established in 2021 but never enforced...
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Category: COVID-19

Sixth Circuit in Ciraci v. Smucker’s Denies Employees’ First Amendment Vax Mandate Claim

Employees who were denied a religious exemption from their government contractor employer’s COVID-19 vaccine mandate did not have a valid cause of action under the First Amendment to the U.S. Constitution, according to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit’s ruling in Ciraci v. J. M. Smucker Co. serves as a useful reminder that Constitutional guarantees such...
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Category: COVID-19

11th Circuit Narrows Contractor Vax Rule Injunction, But Renewed Enforcement Is Questionable

The U.S. Court of Appeals for the Eleventh Circuit has rolled back a nationwide injunction issued last year by a federal trial court in Georgia that prevented the Biden Administration from implementing the President’s controversial Executive Order (E.O.) requiring federal contractors to ensure employees were vaccinated against COVID-19. Finding that the trial court went too far in issuing a nationwide...
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Category: COVID-19

Fifth Circuit Rules COVID-Related Layoffs Are Not Exempt From WARN Act Notice

In a ruling of first impression by the federal appeals courts, the Fifth Circuit Court of Appeals has ruled that the COVID-19 pandemic does not qualify as a “natural disaster” excusing an employer’s failure to comply with the notice requirements of the federal Worker Adjustment and Retraining Notification (WARN) Act. And while only binding within the jurisdiction of the Fifth...

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