Lately, litigation news related to public and private workplace COVID-19 vaccine mandates has quieted. That changed last Friday, when the Eleventh Circuit Court of Appeals narrowed a nationwide injunction against the...more
9/2/2022
/ Appeals ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Injunctions ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
Health care employers are not alone in feeling overwhelmed by the constantly changing legal status of the various federal vaccine mandates. On Thursday afternoon, the Supreme Court made its rulings on two preliminary...more
1/18/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Health Care Providers ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
On November 29, 2021, a federal court in Missouri enjoined the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in the following states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire,...more
11/30/2021
/ Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
OSHA ,
Preliminary Injunctions ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
New Guidance ,
Physicians ,
Popular ,
Preemption ,
Stays ,
Supremacy Clause ,
Title VII ,
Vaccinations
Employers with 100 or more employees should continue to develop policies requiring workers either to be fully vaccinated against COVID-19 or to submit to weekly testing and other safety requirements, in the expectation that...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Reporting Requirements ,
State and Local Government ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On October 29, 2021, Iowa Governor Kim Reynolds signed into law legislation affecting the interplay between Iowa employers, employees, and COVID-19 vaccine requirements. Iowa’s new law, HF 902, sets up questions regarding...more
11/2/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Reynolds ,
New Legislation ,
Reasonable Accommodation ,
Religious Accommodation ,
Unemployment Benefits ,
Vaccinations ,
Waivers
On September 30, 2021, the Federal Acquisition Regulation (“FAR”) Council issued a memorandum requiring that most federal contractors and subcontractors include a clause in future contracts and subcontracts that require...more
10/7/2021
/ Biden Administration ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Public Contracts ,
Remote Working ,
Subcontractors ,
Vaccinations
On May 28, 2021, a group of Houston Methodist Hospital employees filed a lawsuit challenging the hospital’s COVID-19 vaccine mandate for employees. The lawsuit, filed by 117 employees, was the first to challenge a health...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Public Health ,
Vaccinations
On September 9, 2021, the Biden Administration announced its new COVID-19 Action Plan (the “Action Plan”), which outlines a six-pronged approach to combat the pandemic. The wide-ranging Action Plan lays out plans to vaccinate...more
9/14/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Private Sector ,
Subcontractors ,
Temporary Regulations ,
Tribal Governments ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As we have previously written, the landscape for employers in the time of COVID-19, particularly healthcare employers and long term care facilities, is ever-changing and quickly moving. In the last year, healthcare employers...more
8/19/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Guidance Update ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Long Term Care Facilities ,
Mandatory Requirements ,
OSHA ,
Vaccinations