Soap Operas are known for drama. Nothing has caused more drama in the last two years than vaccine mandates. Last week, a California court determined that a plaintiff’s request for religious accommodation at General Hospital...more
On Friday, January 13, 2022, a New York State Supreme Court Judge for Onondaga County struck down the New York State Department of Health regulation mandating certain healthcare professionals be “fully vaccinated” against...more
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic.
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10/21/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Premium Pay ,
Private Attorneys General Act (PAGA) ,
Religious Discrimination ,
Remote Working ,
Vaccinations ,
Wage and Hour ,
WARN Act
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
The Court described the standard as a “blunt...more
1/14/2022
/ Americans with Disabilities Act (ADA) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Title VII ,
Vaccinations ,
Virus Testing
The U.S. Supreme Court has scheduled expedited arguments on the U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency...more
Manufacturing employers continue to feel the brunt of emerging and evolving trends related to the COVID-19 pandemic: workplace safety, labor shortages, absence management, remote technology, and employee retention — just to...more
Can employers mandate vaccines? The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks.
On July 26, 2021, the OLC issued an...more
The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Child Care ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Incentives ,
Paid Time Off (PTO) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Return-to-Work Agreements ,
State and Local Government ,
State Labor Laws ,
Traveling Employee ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Confidential Information ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Title VII ,
Vaccinations
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated...more
11/13/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Infectious Diseases ,
OSHA ,
Unions ,
Vaccinations ,
Workplace Safety