
On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a federal emergency temporary standard (ETS) to address COVID-19 infection in the workplace. Affected employers will be required to comply with most provisions of the ETS by Dec. 5, 2021, and with its testing requirements by Jan. 4, 2022. Affected employers include private employers with 100 or more employees. State plans will have 30 days to adopt the federal ETS or implement their own vaccination standard.
ETS Requirements – Employers must determine the vaccination status of each employee, obtain acceptable proof of vaccination and keep a roster of each employee’s vaccinations status. The ETS also requires employers to:
- Develop, implement and enforce a mandatory COVID-19 vaccination policy; or
- Create a policy allowing employees to choose to get a vaccination or wear a face covering in the workplace and have weekly COVID-19 testing done.

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An Illinois appeals court recently upheld a ruling deeming that Hobby Lobby’s bathroom policies violated a transgender employee’s human rights. Hobby Lobby now must pay the employee $220,000 in damages, along with potential additional damages and fees.


With hopes of a return to normalcy slowly deteriorating thanks to the Delta variant and concerning upticks in COVID cases across the country, employers are struggling to find ways to stay afloat.
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