Barkley Compliance Team

Legal Alert: 6th Circuit Court of Appeals Dissolves 5th Circuit’s Stay of OSHA Emergency Temporary Standard for COVID-19 Vaccine and Testing; OSHA Plans to Implement Beginning January 10, 2022

On December 17, 2021, the United States Court of Appeals for the 6th Circuit (6th Circuit) dissolved the stay of OSHA’s November 5, 2021 Emergency Temporary Standard (ETS) for private employers with 100 or more employees issued by the United States Court of Appeals for the 5th Circuit (5th Circuit).  As a result of the 6th Circuit’s …

Legal Alert: 6th Circuit Court of Appeals Dissolves 5th Circuit’s Stay of OSHA Emergency Temporary Standard for COVID-19 Vaccine and Testing; OSHA Plans to Implement Beginning January 10, 2022 Read More »

2021 ACA Reporting Refresher

As we get nearer to the deadline for 2021 ACA reporting, we wanted to provide you with a refresher of some of the requirements for the reporting year.  IRC Section 6055 requires insurance carriers and self-funded employers to report to the IRS and to covered individuals that the persons were covered by minimum essential coverage. …

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Biden’s vaccine and testing rules for employers are here. These are the details.

In early September, President Biden announced he was taking steps to get more Americans vaccinated and turn the tide on COVID-19. On Thursday, the administration rolled out two of those steps — two different vaccine rules covering more than 100 million workers. Under this emergency temporary standard, covered employers must develop, implement and enforce a …

Biden’s vaccine and testing rules for employers are here. These are the details. Read More »

California Senate Bill 606 to Ramp Up Cal/OSHA Enforcement Authorities

Another hit to California employers, SB 606, takes effect on January 1st, 2022. The far-ranging law substantially increas­es Cal/OSHA’s enforcement powers. Safety professionals and others in the community are already pondering how bad it will be and what to do to prepare for it. These changes to the Labor Code are undoubtedly significant for employers …

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Cal/OSHA Modifies Quarantine Rules for Asymptomatic, Unvaccinated Workers

Without any fanfare, the California Division of Occupational Safety and Health (Cal/OSHA) updated its FAQs for the COVID-19 emergency temporary standards (ETS) on Sept. 21, to incorporate new guidance from the California Department of Public Health (CDPH). Importantly, the CDPH has relaxed its quarantine recommendations for unvaccinated, asymptomatic workers. The ETS, which governs most workplaces in …

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California Legislation Signed to Extend Exemptions from AB 5 for Certain Industries

Governor, Gavin Newsom has signed AB 1561 to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of AB 5. AB 5 sets forth the test for whether a worker is an independent contractor or employee. The exemptions will now sunset on Jan. 1, 2025, providing each industry …

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EEOC and DOJ OK Mandatory Workplace Vaccine Policies

The federal Equal Employment Opportunity Commission has updated its COVID-19-related guidance about COVID-19 vaccination of employees, including mandatory vaccination policies, vaccination incentive programs, and confidentiality requirements. Click here for the EEOC FAQ. According to EEOC’s guidance, federal law does not prevent an employer from requiring all employees present in the workplace to be vaccinated for …

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Legal Alert: Consolidated Appropriations Act, 2021 Pharmacy Reporting

Employers that sponsor group health plans of any size, including government employers, should keep their eye on the developing rules for this upcoming reporting that begins in December 2021. In December of 2020, a stimulus relief bill (the Consolidated Appropriations Act, 2021) was signed into law, which provided relief for health FSAs and DCAPs, among other …

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Heat Advisory In Effect

Cal/OSHA is reminding all employers to protect outdoor workers from heat illness as excessive heat watches have been issued throughout California. The temperature is forecast to exceed 100 degrees in many parts of the state this week. Employers in California must take steps to protect outdoor workers from heat illness by providing water, rest, shade …

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CalOSHA: Masks Off for the Vaxed

Share on linkedin LinkedIn The Cal/OSHA Standards Board has published the latest version of its COVID emergency standard, on which it will vote later this week. The big change: Fully vaccinated employees will not have to wear masks indoors if unvaccinated coworkers are among them. The move comes after an outcry from employers that the …

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