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Workplace Safety Vaccinations Employer Liability Issues

Fisher Phillips

Employers’ 5-Step Plan for Handling the Worst Flu Season in 15 Years

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The U.S. is currently facing the worst flu season since 2009, and employers can’t afford to ignore it. Beyond the personal toll, flu outbreaks wreak havoc on businesses through lost productivity and absenteeism – and they can...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Rejects Anti-Vaccine Case Appeal

On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more

Steptoe & Johnson PLLC

Navigating the ‘Tridemic’: Employer Considerations in Mandatory Vaccination Policies

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Employers worried about the safety of employees and clients, especially during the annual flu season, have moved toward implementing vaccination policies in the workplace. At the time of this writing, health officials are...more

Bennett Jones LLP

Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

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In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The New Texas Law on Vaccination Mandates: What Changes Do Employers Need to Make Now?

Effective February 6, 2024, a new Texas law prohibits private employers from adopting or enforcing a mandate requiring an employee, contractor, or applicant to be vaccinated against COVID-19 as a condition of employment....more

Epstein Becker & Green

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

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On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine....more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

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In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Seyfarth Shaw LLP

Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

Seyfarth Shaw LLP on

Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Epstein Becker & Green

As COVID-19 Public Emergency Ends, So Do Vaccination Mandates

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The federal government’s announcement that the COVID-19 public health emergency (“PHE”) declaration would end on May 11, 2023 marked the end of various federal mandates and benefits. The Centers for Disease Control’s...more

Nelson Mullins Riley & Scarborough LLP

Some Post-COVID Clarity: Important California Updates on Third-Party Liability, Outbreak Definitions, and Employer Vaccine...

Despite all attempts to put the COVID-19 public health emergency in the rearview mirror, the virus is not entirely gone, and the pandemic was not long ago, at least in the law’s long memory. We can reasonably assume we are...more

Maynard Nexsen

Sun Sets on CMS Mandatory Vaccination Requirement for Affected Healthcare Entities

Maynard Nexsen on

After nearly three years of navigating the most widespread public health crisis since the 1918 influenza pandemic, the Centers for Medicare and Medicaid Services (“CMS”) has withdrawn its mandatory vaccination and testing...more

Littler

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

Littler on

An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

Littler

CMS Withdraws COVID-19 Vaccine Mandate

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In conjunction with the Biden administration’s declaration that the COVID-19 national public health emergency ended effective May 11, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it would “soon end”...more

McDermott+

CMS Withdraws COVID-19 Vaccination Mandate, Enhances Focus on Quality Measures

McDermott+ on

Following the May 1 White House announcement that the federal government would wind down certain remaining COVID-19 vaccination requirements, on May 31, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a final...more

Littler

New York Begins Repeal of Healthcare Worker COVID-19 Vaccine Mandate

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The New York State Department of Health (the “Department”) announced on May 30, 2023, that “it has begun the process of repealing the COVID-19 vaccine requirements for workers at regulated health care facilities.”...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

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On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

Epstein Becker & Green

The End of COVID-19 Guidance? EEOC Publishes Technical Assistance “Capstone”

Epstein Becker & Green on

When the COVID-19 pandemic began in 2020, employers found themselves in uncharted territory – a new virus, public health emergency declarations, and legislation. Against this onslaught of emerging circumstances, the Equal...more

Littler

CMS Plans to Unwind Mandatory COVID-19 Vaccination Requirement for Healthcare Employers

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On November 4, 2021, the Biden administration and the Centers for Medicare and Medicaid Services (CMS) at the Department of Health and Human Services (HHS) issued an interim final rule which required certain workers at...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

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Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

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