News & Analysis as of

Reasonable Accommodation Healthcare Workers

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

Seyfarth Shaw LLP

Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more

White and Williams LLP

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

White and Williams LLP on

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

Foley & Lardner LLP

What’s Next for Labor and Employment Laws in California?

Foley & Lardner LLP on

The 2023 California Legislative session, which ended on September 14, 2023, saw a flurry of activity on labor and employment-related laws. Governor Newsom has until October 14, 2023, to sign, veto, or pocket veto (i.e., take...more

DirectEmployers Association

OFCCP Week In Review: September 2023 #3

...A lower court correctly dismissed an Indiana hospital department head’s disability accommodation, discrimination, and related claims, the U.S. Seventh Circuit Court of Appeals (Chicago) ruled. The Court found that manager...more

Jackson Lewis P.C.

California Legislature Update: Tracking New Bills that Could Impact California Employers

Jackson Lewis P.C. on

February 17th was not only the start of the President’s Day weekend but also the last day that California legislators could introduce bills for consideration during the 2023 legislative session. Jackson Lewis attorneys will...more

K&L Gates LLP

2022 Health Care Employment Law Year in Review

K&L Gates LLP on

Health care employment law was once again a critical focus for many legislative bodies in 2022. While much of our 2021 Year in Review focused on how states addressed the COVID-19 pandemic itself, most notably with respect to...more

Bodman

Sixth Circuit Reinstates Failure-to-Accommodate Claim Because Employer Prematurely Halted the Interactive Process

Bodman on

A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), King v. Steward Trumbull Memorial Hospital (4/7/2022), addressed whether an employer failed to accommodate its employee’s potentially...more

International Lawyers Network

Vaccine Requirements – United States: Massachusetts

Over the past year, it has become increasingly common for employers in Massachusetts to establish and enforce mandatory COVID-19 vaccination policies. Such policies are legal and appropriate in Massachusetts. Unless required...more

K&L Gates LLP

2021 Health Care Employment Law Year in Review

K&L Gates LLP on

Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #3

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

Epstein Becker & Green

#WorkforceWednesday: Year in Review and a Look Ahead to 2022 - Employment Law This Week®

Epstein Becker & Green on

This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year. A Shift in Labor Policy and Enforcement The Biden administration is ushering in...more

Smith Gambrell Russell

Supreme Court Will Not Stop New York’s COVID-19 Vaccine Mandate For Health Care Workers

Smith Gambrell Russell on

In a pair of cases decided on Monday, December 13, 2021, the Supreme Court declined to grant emergency relief to a group of 17 unnamed doctors, nurses, and other health care workers seeking to stop New York’s coronavirus...more

Hogan Lovells

Second Circuit lifts injunction on NY health care vaccine mandate

Hogan Lovells on

On October 12, 2021, a court in the Northern District of New York preliminarily enjoined the New York State Department of Health’s (DOH) COVID-19 vaccination rule for healthcare employees to the extent it required employers...more

Foley & Lardner LLP

Certain Health Care Employers Must Require Vaccinations to Continue to Participate in Medicare/Medicaid

Foley & Lardner LLP on

Earlier this month, on the same day the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), the Centers for Medicare &...more

Littler

Second Circuit Upholds New York’s Vaccination Mandates for Healthcare Workers Without Religious Exemptions

Littler on

In a November 4, 2021 opinion, the U.S. Court of Appeals for the Second Circuit upheld New York’s vaccine mandate for healthcare workers, rejecting arguments advanced by healthcare professionals in two different district...more

Ballard Spahr LLP

Federal Vaccine Mandates Maze Can Trap Unwary Employers

Ballard Spahr LLP on

Summary - The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take...more

ArentFox Schiff

CMS Vaccine Mandates on Participating Providers: How to Reconcile State Requirements

ArentFox Schiff on

On Friday, November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a comprehensive interim final rule, the Omnibus COVID-19 Health Care Staff Vaccination rule, which requires all Medicare and Medicaid...more

DirectEmployers Association

OSHA Emergency Temporary Standard Mandating COVID-19 Vaccines or Testing/Masks Catches Federal Contractors in a Bind by Exempting...

On Thursday, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) published both its highly anticipated Emergency Temporary Standard (“ETS”: 86 FR 61402) as an “Interim Final Rule” implementing...more

Fisher Phillips

Medicare and Medicaid Participants Face Sweeping New Workplace Vaccination Rule: A 5-Step Survival Guide

Fisher Phillips on

Note: This CMS Rule refenced in this Insight is separate and distinct from the OSHA ETS that was issued on November 4. Thus, although the CMS Rule could also be challenged in court, the November 6 court order blocking...more

Brooks Pierce

OSHA Issues New COVID-19 Vaccination and Testing Emergency Temporary Standard for Private Employers with more than 100 Employees

Brooks Pierce on

The Department of Labor’s Occupational Safety and Health Administration (OSHA) recently issued a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100+ employees. The new standard focuses...more

Foley & Lardner LLP

CMS Requires COVID-19 Vaccination for Health Care Facility Staff

Foley & Lardner LLP on

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule that requires most Medicare and Medicaid certified providers and suppliers to vaccinate staff members within 60 days. The...more

Nilan Johnson Lewis PA

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

Nilan Johnson Lewis PA on

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

Maynard Nexsen

CMS Vaccine Mandate Update

Maynard Nexsen on

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an extensive Interim Final Rule and Comment Period on the COVID-19 vaccination mandate for those healthcare providers receiving Medicare or...more

Fisher Phillips

Comprehensive FAQs for Employers on the OSHA Vaccine Emergency Temporary Standard (ETS)

Fisher Phillips on

Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more

54 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide