No Vaccine, No Employment? Know Your State Law

The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several states enacted laws that prohibited government employers from requiring workers to be vaccinated against COVID-19, private employers had wide latitude …

End of the COVID-19 Emergency – Impact on Employee Benefit Plans

On March 29, 2023, the Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (the “Departments”) published FAQs Part 58 on the Families First Coronavirus Response Act (“FFCRA”), the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), and the Health Insurance Portability and Accountability Act (“HIPAA”), providing guidance on the impact …

U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place

On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move forward. THE OSHA ETS IS STAYED By way of background, the OSHA ETS requires all employers with more than …

Private Employer Vaccine Mandate Moves Forward as Sixth Circuit Dissolves Fifth Circuit’s OSHA ETS Stay

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go into effect, dissolved the stay that the United States Court of Appeals for the Fifth Circuit had issued, allowing …

EEOC Lawsuit Reminds Employers of the Legal Issues Involved in Creating and Implementing Remote Work Policies

This fall, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a San Antonio-based workplace experience and facility management company, alleging that the defendant company unlawfully denied its employee’s request to work from home to protect herself from COVID-19.  This suit, which is the EEOC’s first of its kind, is a reminder to …

The Private Employer COVID-19 Vaccine Mandate is Here: What Employers Need to Know

On Thursday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) and Centers for Medicare & Medicaid Services (“CMS”) rolled out temporary emergency standards (“ETS”) implementing COVID-19 vaccine mandates, which are expected to become effective November 5, 2021. These emergency rules are intended to address the “grave danger of COVID-19 in the workplace.” …

Managing the Risk of Events in a Post-COVID World: Three FAQs

As we look ahead to a post-COVID world, many are wondering how to make events safe, reduce liability, and implement contractual protections should an emergency arise. This blog highlights some frequently asked questions when preparing to hold an in-person event. Can a business require vaccinations, proof of vaccinations, or health checks as part of an …

Are Mandatory Vaccinations Included in Back to “Normal”?

As life begins to return to some semblance of “normal” (i.e., what it was like before terms like “aerosol droplets,” “fomite,” “herd immunity,” and “PCR tests” were part of our daily lexicon)  employers are faced with difficult questions about what a return to “in-person” work looks like.  Atop the list is vaccinations, and whether as …

Mandating COVID-19 Vaccination Among a Union Workforce

Many employers are weighing the pros and cons of mandating that their employees receive the COVID-19 vaccine as a condition of continued employment.  In a non-union environment, mandating the vaccine generally is permissible, so long as the employer allows for exceptions for religious or health reasons.  See https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws at Section K, Vaccinations.  This point was …

States Relax COVID-19 Restrictions on Businesses as Summer Approaches

With summer approaching and vaccination numbers surging, the United States’ population appears more than ready to return to normalcy after over a year of COVID-19 lockdown.  However, while citizens and businesses alike clamor for the economy to fully reopen, President Biden has continued to urge the states to exercise caution when lifting COVID-19 restrictions.  Weighing …