News & Analysis as of

Employer Mandates Religious Exemption Americans with Disabilities Act (ADA)

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
Parker Poe Adams & Bernstein LLP

Explaining the Current Law on Vaccine Mandates

Given the slow progress of civil litigation in the U.S., federal courts continue to hear challenges to employer vaccination mandates imposed during the COVID-19 pandemic. Prior to 2023, employers generally held the upper hand...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Husch Blackwell LLP

50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

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Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability....more

Greenbaum, Rowe, Smith & Davis LLP

U.S. Supreme Court Halts Enforcement of OSHA Vaccine Mandate for Private Employers

What You Need to Know- •The U.S. Supreme Court granted a temporary stay of OSHA’s requirement mandating that certain private employers require employees to be fully vaccinated against COVID-19 or be subject to weekly...more

Hahn Loeser & Parks LLP

How to Comply With Vaccine-or-Test Requirements when Compliance May be Beyond Your Control

With OSHA’s Emergency Temporary Standard (ETS) hanging in the balance of a special January 7, 2022, U.S. Supreme Court session, your organization should nonetheless prepare to comply with a Vaccine-or-Test COVID-19 policy. As...more

Cole Schotz

Vaccine Mandate Puts Enforcement on NYC Employers

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A universal vaccine mandate comes to New York employers courtesy of New York City’s Department of Health and Mental Hygiene. Compliance in Your Office- Effective this week, in accordance with the Commissioner of the New...more

Hahn Loeser & Parks LLP

Sixth Circuit Restores OSHA’s Vaccine-Or-Test Mandate

Hahn Loeser & Parks LLP on

On December 17, 2021, the United States Sixth Circuit Court of Appeals voted 2-1 to lift the stay on OSHA’s Emergency Temporary Standard (ETS), which requires private businesses with at least 100 employees to ensure that...more

Levenfeld Pearlstein, LLC

NYC’s Latest Expansion of its Vaccine Mandate – What You Need to Know

On December 6, 2021, NYC mayor Bill DeBlasio announced that all private-sector workers in the city will be subject to the vaccine mandate, effective December 27. The following day, however, Judge Frank P. Nervo in the Supreme...more

Constangy, Brooks, Smith & Prophete, LLP

Vax mandate FAQs!

This week's vaccine wisdom (subject to change at any time). Is my company required to mandate vaccinations for employees? Possibly. Apart from the mandate for federal employees, there are three types of COVID vaccination...more

Husch Blackwell LLP

New Kansas Law Affecting Employer COVID-19 Policies

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On Monday, November 22, the Kansas legislature met for a special session in direct response to federal action mandating COVID-19 vaccination for certain employees. The Governor signed HB2001 on November 23...more

Greenbaum, Rowe, Smith & Davis LLP

Federal Court Puts OSHA’s Emergency COVID Vaccination Mandates on Hold, But Private Employers Must Still Consider Next Steps

What You Should Know- •OSHA issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations or regular testing for employees that do not choose to vaccinate. ...more

Fox Rothschild LLP

New Florida Law Conflicts with Federal COVID-19 Vaccine Mandates, Leaving Some Employers in Tough Spot

Fox Rothschild LLP on

On November 18, 2021, Florida Governor Ron DeSantis executed a new state law that immediately banned COVID-19 vaccine mandates for employees of private and public employers. Florida employers now have to figure out how to...more

Husch Blackwell LLP

Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

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Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more

Jackson Lewis P.C.

Florida Legislature Passes New COVID-19 Workplace Laws

Jackson Lewis P.C. on

During a special session to consider what Governor Ron DeSantis called his “Keep Florida Free” agenda, the Florida Legislature passed several vaccine measures, some of which conflict with recently implemented federal rules,...more

Sheppard Mullin Richter & Hampton LLP

EEOC Publishes New Guidance Regarding Objections to COVID-19 Vaccines Based Upon Employee Religious Beliefs

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) expanded its prior guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to include recommendations for...more

Constangy, Brooks, Smith & Prophete, LLP

Court Keeps OSHA's Vaccine Mandate On Hold. What Now?

This post may become obsolete in the next five minutes. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a new vaccine mandate decision yesterday, declining to lift the stay it had issued on...more

Hahn Loeser & Parks LLP

OSHA Emergency Temporary Standard Highlights

On November 4, 2021 OSHA issued the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The ETS requires covered employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an...more

Husch Blackwell LLP

OSHA Issues COVID-19 Vaccine Mandate for Employers of 100 or More Employees, No Mandate from MSHA - UPDATED

Husch Blackwell LLP on

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a soft vaccine...more

Houston Harbaugh, P.C.

Employer Alert: OSHA Issues Emergency Temporary Standard for COVID-19 Vaccines

Houston Harbaugh, P.C. on

The Occupational Safety and Health Administration (“OSHA”) issued its highly anticipated Emergency Temporary Standard (“ETS”) regarding COVID-19 vaccine requirements for certain larger employers. The ETS took effect Friday,...more

Weintraub Tobin

UPDATED: Federal OSHA’s COVID-19 Vaccination or Test Standards for Large Employers are Effective November 5, 2021

Weintraub Tobin on

UPDATE: FIFTH CIRCUIT BLOCKS ENFORCEMENT OF THE FEDERAL OSHA COVID-19 VACCINE/TESTING MANDATE. On November 6, 2021, a panel of the fifth circuit issued a stay against the enforcement of OSHA‘s new emergency temporary...more

Husch Blackwell LLP

OSHA Issues COVID-19 Vaccine Mandate for Employers of 100 or More Employees

Husch Blackwell LLP on

On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a...more

Jackson Lewis P.C.

Court Denies Request to Enjoin Oregon Vaccination Requirements for Healthcare, School, Other Workers

Jackson Lewis P.C. on

The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge...more

Rivkin Radler LLP

Updated Guidance: COVID-19, ADA, Vaccinations, Religious Exemptions and EEO Laws

Rivkin Radler LLP on

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is...more

Holland & Hart - Employers' Lawyers

Making Room for Vaccinated, Unvaccinated Employees Under Same Roof

Question: We aren’t sure we want to permit someone who isn’t vaccinated to work closely with us and are particularly concerned because the unvaccinated employee is sitting next to an enclosed area with a fully vaccinated...more

Smith Debnam Narron Drake Saintsing & Myers,...

Stay Tuned as OSHA’s Vax-Or-Test Rule Will Soon Be Finalized

On October 12, 2021, the United States Occupational Safety and Health Administration (OSHA) sent its highly anticipated emergency temporary standard (ETS), also known as the COVID-19 “vax-or-test rule,” to the White House for...more

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