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.” …
COVID-19 Surge Medical Leave Refresher for Employers
In 2020, as COVID-19 cases were mounting, many employers were tasked with following the brand-new Families First Coronavirus Response Act (“FFCRA”), which provided a framework and tax credits for paid leave, including paid sick leave, for certain reasons pertaining to COVID-19. In 2021, as COVID-19 cases declined, this paid leave became voluntary, and employers who …
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Why President Biden’s Plan to Vaccinate the Unvaccinated in Private Employment is a Lot of Buzz, but Likely Little Sting
The entire country has been abuzz about President Biden’s Plan for “Vaccinating the Unvaccinated.” The Plan would require private employers with 100 or more employees (“Covered Employers”) to ensure their workers are vaccinated from COVID-19 or tested weekly and to provide paid time off for employees to get vaccinated.[1] To execute this Plan, the Department …
What Employers Can Do Regarding Fake Vaccine Cards so They Have “No Ragrets”
With the Pfizer COVID-19 vaccine obtaining full FDA approval and President Biden’s sweeping announcement that he will be requiring federal employees, employers with over 100 employees, and many others to require vaccines or frequent testing, there has been a steady rise in the number of employers requiring their employees to obtain a COVID-19 vaccine as …
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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 …
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Recent Developments in Ontario Employment Law
On August 20, 2021 the Medical Officer of Health for Toronto issued a “strong recommendation” that every local business implements a COVID-19 vaccination policy. The City of Toronto has also provided guidance on the key components of such a policy. On August 24, 2021, O. Reg 364/20, Rules for Areas at Step 3 and at …
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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 …
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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 …
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