The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown (and sometimes shutdowns happen), it is important to remember how a shutdown affects the
Practice Areas
2021 Plan Amendment Deadlines and Other Looming Fourth Quarter Considerations
As the year draws to a close, it is helpful for employers to pause to evaluate employee benefit plan amendment deadlines and other crucial fourth quarter considerations. Read more.
Massachusetts Extends COVID-19 Emergency Paid Sick Leave to April 2022
The temporary COVID-19 Massachusetts emergency paid sick leave (MA EPSL) has been extended through April 1, 2022.
In spring 2021, Massachusetts established a statewide mandate for employers to temporarily provide employees up to 40 hours of MA EPSL when they are unable to work due to specific qualifying reasons related to the pandemic. The law…
OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace
When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is…
Class Action Trends Report Fall 2021
In the latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss the emerging class action risks that arise at this stage of the COVID-19 pandemic, as employers navigate return-to-work challenges including employee screening, mask and vaccine mandates, and the need for ongoing safety measures as the crisis persists. We also take a…
Safer Federal Workforce Task Force Issues Guidance for Federal Contractor Compliance with COVID-19 Executive Order
As expected, the Safer Federal Workforce Task Force issued the Guidance contractors have been anticipating to implement President Biden’s September 9, 2021 Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”). The 14-page document includes definitions, description of the specifics requirements contractors must undertake and by when, and a list of…
Statewide Supplemental Paid Sick Leave Set To Expire
A flurry of employment law-related bills are headed to Governor Newsom for consideration, however, no bills are being presented related to statewide supplemental paid sick leave. In March 2021, California resurrected and expanded statewide COVID-19 supplemental paid sick leave. The legislation sunsets on September 30, 2021, and there is no legislation pending to extend…
Some Travel Restrictions to Relax for Fully Vaccinated in November, Administration Announces
As President Joe Biden travelled to a meeting of the United National General Assembly, the Administration announced that, in early November, COVID-19 travel restrictions would be relaxed for fully vaccinated travelers from all the previously restricted countries: the UK and Ireland, the 26 Schengen Zone countries, Brazil, China, India, Iran, and South Africa.
The details…
Money Money Money: How Much can the Health Plan Surcharge on Unvaccinated Employees Be?

In light of the lingering COVID-19 pandemic and its impact on employee productivity and health care expenses, employers are considering imposing a premium surcharge on employees participating in the company’s health plan who are not vaccinated against COVID-19.
As we have discussed here, several federal laws must be taken into consideration when designing such…
Safer Federal Workforce Taskforce Issues Broad FAQ with Implications for Federal Contractors and On-Site Employees
Yesterday, the Safer Workforce Taskforce (Task Force) publicized a slew of new FAQs with one set containing surprising information regarding federal contractors. To be clear, this is not the guidance contractors are waiting for with respect to implementation of President Biden’s Executive Order 14042 – Ensuring Adequate COVID Safety Protocols for Federal Contractors. With that…