News & Analysis as of

Reasonable Accommodation Health Insurance Portability and Accountability Act (HIPAA)

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Constangy, Brooks, Smith & Prophete, LLP

Is faxing a reasonable accommodation?

Remember faxes? I don't. A 70-year-old home health care nurse (RN) has sued her employer under the Americans with Disabilities Act and the Age Discrimination in Employment Act....more

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

BakerHostetler on

​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

Constangy, Brooks, Smith & Prophete, LLP

Yes, Virginia, COVID-19 Can Be A Disability

From my blog inbox . . . "DEAR ROBIN: I am 8 years old. "Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act. "Papa says, 'If you see it in EMPLOYMENT AND LABOR...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

Ruder Ware

HIPAA and COVID-19 – OCR Publishes Online Guidance on the Application of HIPAA

Ruder Ware on

The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various...more

Mintz - Employment Viewpoints

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Mintz - Employment Viewpoints

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

Payne & Fears

[Webinar] Hot Topics in Return-to-Office Legal Issues and Accommodations - September 30th, 12:00 pm - 1:00 pm MST

Payne & Fears on

Don't miss our upcoming webinar, "Hot Topics: Return-to-Office Legal Issues & Accommodations," hosted by Jim R. Moss, on September 30, 2021 from 12:00-1:00 MST. Topics include: - Proof of vaccination and mask...more

Akerman LLP - HR Defense

Should You Consider Offering Cheaper Health Plan Coverage in 2022 for Vaccinated Employees?

If you still have unvaccinated workers in January, might you provide a financial incentive for employees to be vaccinated, by charging them higher healthcare insurance premiums? ...more

Akin Gump Strauss Hauer & Feld LLP

UPDATE: The COVID-19 Vaccine Rollout: What Employers Need to Know

To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more

Littler

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

Sheppard Mullin Richter & Hampton LLP

EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides...more

Foley Hoag LLP

EEOC Updates COVID-19 Guidance, Authorizes Employer Vaccine Incentives

Foley Hoag LLP on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more

Eversheds Sutherland (US) LLP

Summer vaccinations: EEOC releases updated guidance on vaccination incentives 

Just in time for the start of the summer, the Equal Employment Opportunity Commission (EEOC) has provided updated guidance on employer practices relating to COVID-19 vaccinations, including much-needed guidance on vaccine...more

Verrill

COVID-19 Vaccination Incentive Programs: Additional Guidance and Some Comfort

Verrill on

Earlier today the U.S. Equal Employment Opportunity Commission (EEOC) released guidance confirming that employers may offer incentives to employees who voluntarily obtain a COVID-19 vaccination. The guidance (available here)...more

Fox Rothschild LLP

Masks And Vacs, Oh My!

Fox Rothschild LLP on

The good news is that the COVID19 pandemic appears to be on the wane. The bad news is that there is a ton of confusion and risk right now in the employment setting around masks, for employees and customers, and around...more

Bracewell LLP

Employer Considerations in Light of Updated CDC Recommendations for Fully Vaccinated People

Bracewell LLP on

On Thursday, May 13, 2021, the Centers for Disease Control and Prevention (CDC) delivered welcome news for vaccinated individuals in the form of revised Interim Public Health Recommendations for Fully Vaccinated People. The...more

Akerman LLP - HR Defense

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,...more

McDermott Will & Emery

Return to Work Virtual Toolkit for Employers - The COVID-19 Vaccine: What Can Employers Require?

McDermott Will & Emery on

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

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

Incentivizing (COVID-19) Vaccinations: What Employers Need to Know

As COVID-19 vaccines become available to greater swaths of the population, many employers are considering ways to incentivize employees to get vaccinated. Incentives can take many forms, including extra pay, paid time off,...more

Fox Rothschild LLP

Employment Issues And The COVID-19 Vaccine

Fox Rothschild LLP on

As more individuals become eligible to receive a COVID-19 vaccine, employers need to understand what policies and protocols they can establish in order to ensure compliance with applicable laws and continue to maintain a safe...more

Perkins Coie

Your COVID-19 Vaccine Questions Answered

Perkins Coie on

With multiple states rolling out phased access to COVID-19 vaccines, many employers are considering whether they want to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of...more

Fisher Phillips

Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Fisher Phillips on

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more

Laner Muchin, Ltd.

Incentivizing Employees To Get COVID-19 Vaccinations: Considerations For Employers

Laner Muchin, Ltd. on

As the distribution of COVID-19 vaccines becomes more widespread over the coming months, many employers that are hesitant to mandate vaccines are considering ways to encourage employees to become vaccinated on a voluntary...more

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