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OSHA Issues Rule Based upon Biden Mandate

Nov 05, 2021
OSHA published its rule putting into effect President Biden’s mandate regarding worker vaccinations

Yesterday, November 4, 2021, OSHA published its rule putting into effect President Biden’s mandate regarding worker vaccinations. The OSHA rule provides some needed clarity for employers in terms of compliance.


The previously announced Biden mandate applies to employers of 100 or more employees, medical facilities that receive funding from Medicare or Medicaid, and federal contractors with a contract value over $250,000. However, the announcement did not address how the number of 100 employees would be calculated. While the OSHA rule clarifies multiple different scenarios of how to calculate the total number of employees (including whether to use independent contractors, or employees working remotely, or employees working in different locations), the rule makes clear that the number of employees is to be calculated using the number of employees as of the date the rule was published. The OSHA rule also clarifies that employers who had adopted a mandatory vaccine policy prior to the Biden mandate are in compliance, even if those policy contains exceptions for employees who are not vaccinated based upon religious grounds and disability/medical grounds.

The OSHA rule also states that covered employers who do not comply could face penalties of $14,000 per violation. Further, employers’ mandatory vaccination plan must be readily accessible to all employees. In addition, the OSHA rule mandates that employers have 30 days from the effective date of the rule to:


  • establish a vaccination policy;
  • determine vaccination status of employees and obtain proof,
  • ensure unvaccinated employees wear face masks at work and in company vehicles; and
  • provide employees information about workplace policies/procedures, and protections against retaliation and discrimination, and also information about laws with potential criminal penalties for supplying false information.


The Rule further clarifies that Employers will have 60 days from the date the rule becomes effective to ensure that unvaccinated employees test weekly.


The new OSHA rule will add a new wrinkle to the constantly fluid situation of compliance with government regulations based upon the COVID 19 pandemic. 


If you have any questions about the new OSHA rule, or any other aspect of employment law, please do not hesitate to contact the attorneys at The Royal Law Firm.

ALERT: EEOC Releases Workplace Guidance to Prevent Harassment

01 May, 2024
On April 29 th , 2024, the U.S. Equal Opportunity Commission (EEOC) finalized their guidance in harassment in the workplace after receiving and responding to nearly 38,000 public comments on the proposed guidance released on October 2, 2023. The renewed guidance provides numerous clarifying hypotheticals, and addresses more recent issues including protections for LGBTIQA+ employees and remote work. Of note, the EEOC clarified the scope of sex discrimination and harassment, stating that federal protections under Title VII extend to LGBTIQA+ employees. Specifically, the EEOC made clear that the scope of harassment extends to repeatedly and intentionally misgendering employees or denying access to bathroom facilities that align with their gender identity. Further, this guidance reminds employers that discrimination and harassment based on “sex” includes harassment based on pregnancy, childbirth and related medical conditions, which include employees’ decisions related to contraception and abortion. Several public comments suggested that these guidelines infringed on free speech and religious rights. The EEOC did not directly address these concerns, instead stating that free speech and religious rights issues are fact-specific and would be addressed on a case-by-case basis. Further, the EEOC updated guidance related to the remote work environment. The EEOC clarified that conduct in a virtual work environment, including electronic communications using private phones, computers, or social media accounts can contribute to a hostile work environment if they impact the workplace. The EEOC also clarified that conduct occurring outside of the workplace, including on social media, which does not target the employer or its employees and is not brought into the workplace generally will not contribute to a hostile work environment. Finally, the EEOC updated its Anti-Harassment Policy Requirements, stating that an anti-harassment and discrimination policy should be widely disseminated to employees, in a manner that is understandable by all employees and includes i) a definition of prohibited conduct, ii) a requirement that supervisors report harassment, iii) multiple avenues for reporting harassment, iv) a statement that clearly identifies accessible points of contact for reporting purposes, and v) an explanation of the complaint process, including adequate anti-retaliation and confidentiality protections, and prompt and effective investigation and corrective action. You can read more about the EEOC's ruling on their website by clicking here . If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Non-Compete Agreements Are in Jeopardy

26 Apr, 2024
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule banning non-competition agreements for all employees except for very narrow exceptions. The FTC’s Final Rule banning all non-competition agreements is effective 120 days after its publication in the Federal Register, which is expected in the next few days.  As of the effective date, all non-competition agreements are banned, except for franchisor/franchisee relationships and for sales of a business between buyer and seller. The FTC’s Rule is retroactive, prohibiting certain non-competition agreements before the effective date of the Rule as well. Existing non-competition agreements can remain in effect as to senior executives, which are defined in the Rule as employees in “policy-making positions” making at least $151,164 annually. The FTC’s Final Rule is already being challenged through the court system and a challenge from the Chamber of Commerce will most likely follow suit. Therefore, if an employer has existing non-competition agreements, the employer may not need to rescind them just yet. Stay tuned for updates as these challenges take their due course.
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