By Mike O’Brien In a 6-3 decision, the U.S. Supreme Court has issued its opinion blocking OSHA’s vaccine mandate for employers with 100 or more employees. The majority ruled on Jan. 13 that OSHA had exceeded its authority when it issued the vaccine mandate, concluding that OSHA has authority only “to set workplace safety standards, not broad public health measures.” The court … [Read more...] about Supreme court blocks OSHA vaccine mandate
vaccination
Supreme Court to hear challenges to OSHA & CMS vaccination mandates this week
By Mike O’Brien On Dec. 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay of OSHA’s vaccine mandate for employers with 100 or more employees in a split 2-1 decision. Wasting no time, OSHA published a compliance update to provide new deadlines. Covered employers have through Jan. 10, 2022, to adopt and publish a vaccination policy, to ascertain and record … [Read more...] about Supreme Court to hear challenges to OSHA & CMS vaccination mandates this week
Are religious exemptions a way out for employees or a tricky challenge for employers?
By Lynne Curry Question: If I’m to believe the stack of religious exemptions on my desk, a miracle unfolded in our company last week. Within days of announcing our mandatory COVID-19 vaccination policy, 90 percent of our unvaccinated employees found religion. I’m holding a dozen exemption requests that use an identical phrase, “This mandate directly affects my religious … [Read more...] about Are religious exemptions a way out for employees or a tricky challenge for employers?
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your law office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the above. … [Read more...] about What to do if an employee defies your mandatory vaccination policy
Who knew vaccine requirements could be so much fun?
By Mike O’Brien As you might recall, in one of our previous updates we cautioned that implementing workplace-vaccination requirements could be a bit tricky. It turns out, we were right—just ask the federal government. On Nov. 5, the Centers for Medicare & Medicaid Services (CMS) issued an Interim Final Rule regulating healthcare facilities (“Vaccination IFR”). The … [Read more...] about Who knew vaccine requirements could be so much fun?
Will employees resign rather than get vaccinated?
By Lynne Curry Many anti-vax employees threaten to quit when their employers announce they’re considering a vaccination mandate. This shakes the confidence of employers considering vaccination mandates. What’s the truth? Many employees remain vaccine skeptics; more than a third of U.S. adults remain unvaccinated. But do they quit if told their job depends on it? It depends on … [Read more...] about Will employees resign rather than get vaccinated?
New technical guidance on religious exemptions to vaccination
By Mike O’Brien EEOC Issues New Technical Guidance on Religious Exemptions to Vaccine Mandates On Oct. 25 the Equal Employment Opportunity Commission (EEOC) issued new updates to its Covid-19 technical guidance. Specifically, the EEOC seeks to clarify employer obligations and employee rights related to religious exemptions to vaccine mandates. The guidance addresses the … [Read more...] about New technical guidance on religious exemptions to vaccination
“Long COVID” looms ahead as leading ADA claim
By Mike O’Brien Legal commentators are already predicting that the condition now known as “long COVID” may displace back conditions as the leading impairment asserted in charges brought under the Americans With Disabilities Act (ADA). CNN recently reported, “A large study has revealed that one in three Covid-19 survivors have suffered symptoms three to six months after … [Read more...] about “Long COVID” looms ahead as leading ADA claim
Model Law Office Workplace Vaccine Passport Policy
Although courts have yet to weigh in on the issue, guidelines from the US Equal Employment Opportunity Commission and other regulatory agencies indicate that employers may implement vaccine passports if they perform a workplace assessment and determine that limiting entry to the vaccinated is a necessary health and safety measure to prevent an imminent risk. Employers must also … [Read more...] about Model Law Office Workplace Vaccine Passport Policy
All private-sector employers with 100 or more employees must mandate vaccination or a weekly negative COVID-19 test
By Mike O'Brien President Biden spoke from the White House Sept. 9 to announce his new Path Out of the Pandemic Plan. Among other things, President Biden has instructed the Occupational Safety and Health Administration (OSHA) to develop rules that will require private-sector employers with 100 or more employees to mandate that their employees be vaccinated or receive a weekly … [Read more...] about All private-sector employers with 100 or more employees must mandate vaccination or a weekly negative COVID-19 test