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Healthcare Workers Appeals

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Fisher Phillips

Here Are the Top 10 New Laws Coming Soon to California Workplaces and 5 Key Bills the Governor Surprisingly Vetoed

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California employers know that the new year inevitably brings new workplace laws that are finalized at the end of the state’s legislative session in the fall. This year, state lawmakers considered over 2,700 bills – the most...more

White and Williams LLP

Massachusetts Appeals Court Holds that Overtime Work Is Not an Essential Function of Inpatient Nursing Position

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In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse...more

ArentFox Schiff

Court of Appeal Publishes Peer Review Decision Expanding Anti-SLAPP Protections for Medical Staffs and Hospitals

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In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory...more

Snell & Wilmer

U.S. Court of Appeals Finds “No Clear Duty” for OSHA To Issue Permanent COVID-19 Healthcare Standard

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In June 2021, the United States Department of Labor, Occupational Safety and Health Administration (“Fed OSHA”) enacted a COVID-19 Emergency Temporary Standard (“ETS”) governing the health care industry. The ETS had a...more

Steptoe & Johnson PLLC

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

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Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania’s recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified...more

CDF Labor Law LLP

Supreme Court to Hear Consolidated Appeals on Vaccine Mandates on January 7, 2022

CDF Labor Law LLP on

While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more

Woods Rogers

COVID-19 Legal Round Up and Looming 2022 Deadlines

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President Biden’s vaccine mandates have faced a roller-coaster ride in the federal court system over the last few weeks, leaving covered employers in the difficult position of trying to comply with on-again, off-again federal...more

Bricker Graydon LLP

Legal updates on challenges to CMS vaccination mandate may cause more uncertainty

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Decisions over the past few days on Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate litigation we previously reported [BB1] earlier this month may cause more confusion. The CMS vaccination rule,...more

Butler Snow LLP

Fifth Circuit Affirms Stay of CMS Vaccine Mandate For 14 States, Overrules Nationwide Stay

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On December 15, 2021, a panel of the Fifth Circuit Court of Appeals partially affirmed an injunction entered by the U.S. District Court for the Western District of Louisiana on November 30, enjoining the Centers for Medicare...more

Holland & Knight LLP

Florida Medicare and Medicaid Providers' Vaccine Mandate Dilemma

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Florida healthcare providers billing federal programs may again face a complicated COVID-19 quandary. The U.S. Court of Appeals for the Eleventh Circuit has denied the state of Florida's request for an injunction against the...more

Parker Poe Adams & Bernstein LLP

Federal Judges Put Mandatory Vaccination Rules on Hold for Health Care Providers and Federal Contractors

On Tuesday, a Louisiana federal district court issued a nationwide preliminary injunction blocking the federal Centers for Medicare & Medicaid Services (CMS) from implementing or enforcing regulations requiring employees of...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Dorsey & Whitney LLP

Limited Preliminary Injunction Issued for CMS Vaccine Mandate

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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

Fox Rothschild LLP

Federal Judge Blocks CMS Vaccine Mandate for Health Care Workers in 10 States

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In a preliminary injunction issued on Monday, November 29, 2021, a federal judge in Missouri blocked the implementation and enforcement in 10 states of an interim final rule by the Centers for Medicare & Medicaid Services...more

King & Spalding

Federal COVID-19 Mandates and Lawsuit Roundup

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Lawsuits challenging the CMS Interim Final Rule (IFR) on COVID-19 vaccine requirements for healthcare workers and Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standards on Health Care...more

Foley & Lardner LLP

Red Light, Green Light, Red Light: Considerations For Employers While Legal Challenges To The OSHA Emergency Temporary Standard Go...

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On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccines or...more

Rumberger | Kirk

In the Crossfire: What Florida HR Directors Need to Know about Recent State and Federal COVID-19 Vaccination Legislation

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On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring employers with more than 100 employees to, among other things,...more

Butler Snow LLP

The OSHA ETS Saga Continues as the Fifth Circuit Continues its Stay of the ETS, OSHA Suspends Implementation of the ETS, and the...

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It has been a turbulent November for the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). On November 4, 2021, OSHA announced its long-awaited ETS requiring employers of 100 or more...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

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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

Foley Hoag LLP

Details on OSHA, CMS Vaccination Rules Released

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On November 6, 2021, the Fifth Circuit Court of Appeals temporarily blocked enforcement of the OSHA vaccination-or-testing rule. Citing “grave statutory and constitutional issues” with the rule, a three-judge panel issued the...more

Nilan Johnson Lewis PA

Stay Issued for OSHA ETS Vaccine Mandate; CMS Emergency Regulation Untouched

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As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the key...more

McDermott Will & Emery

OSHA Maintains COVID-19 Safety Pressure on Healthcare Employers Despite Challenges from All Sides

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The Occupational Safety and Health Administration (OSHA) has fielded complaints from both labor unions and management-side associations regarding its COVID-19 Emergency Temporary Standard (ETS), highlighting stakeholders’...more

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