News

Friday, Eldredge & Clark has been selected to join the Employment Law Alliance (ELA) as the exclusive member for Arkansas.

In the latest episode of Employment Matters Podcast, produced by the Employment Law Alliance, Attorney Michael Moore gives a local and national overview of vaccination and masking requirements for employers. He also discusses recent guidance from the EEOC on how employers can incentivize the vaccine for their employees.

On Thursday, May 13, the CDC made significant changes to its guidance regarding mask wearing for vaccinated individuals. The new guidance states: "Fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance."

COVD-19 cases are trending in a positive direction. Cases are down, and all adults may now receive a COVID-19 vaccine. While legislative efforts have been made to curtail an employer’s ability to mandate the COVID-19 vaccination onto their employees, as of today, those efforts have been unsuccessful. The question that seems to be on every employer’s mind is not whether they can mandate these vaccines, but whether they should.

On April 13, 2021, the Occupational Safety and Health Administration (OSHA) cited Liberty Tax Service of Lynn, Massachusetts for prohibiting its employees and customers from wearing masks, failing to ensure employees and customers practiced social distancing and refusing to implement other safeguards against the coronavirus. The Massachusetts-based business now faces $136,532 in penalties.

Governor Asa Hutchinson announced today the statewide mask mandate will be lifted effective immediately. Our labor and employment attorneys have put together some much needed guidance in the form of frequently asked questions to help business owners understand how this affects their place of business and current requirements set for employees and customers.

Welcome back after last month’s snowstorm. While last month’s weather events temporarily changed employers’ focus, we cannot understate the importance of continuing to follow COVID-19 guidance in the workplace particularly with the recent announcement by Governor Hutchinson. The general trend of infections and active cases in Arkansas is headed in the right direction, but employers should continue to remain vigilant to limit risk for their employees and client. Our newsletter this month focuses on updates to COVID-related mandates and guidance at the State and Federal levels.