Is Veganism a Religion? It May Well Be for Employers and Their Employees
The outbreak of a serious liver viral infection, Hepatitis A, has been linked to a frozen berry product distributed by Costco, according to the Food and Drug Administration. So far, 79 people in seven states, including...more
In Sebelius v. Cloer, the United States Supreme Court decided a closely watched attorney fee case arising under the National Childhood Vaccine Injury Act of 1986 (“the Act”). That Act established a no-fault compensation...more
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more
When born in a hospital, a baby is routinely given a hepatitis B shot, a vitamin K injection and an application of ointment in the eyes. In all states, a parent can refuse these treatments. It is best to use a waiver signed...more
In This Update: - 1. Statewide Health Coordinating Council’s Freestanding Emergency Department (FED) Study Committee Meeting - 2. Full Statewide Health Coordinating Council (the “Council”) Meeting - A. ...more
Given the severity of the influenza outbreak this season, employers are dealing with worse than normal staffing and leave issues. One solution, aimed at cutting down on employee absences during flu season, is to require all...more
In the midst of the flu pandemic, many health care employers are requiring employees to receive flu vaccinations. However, a number of workers have protested, claiming that they are entitled to an accommodation based on...more
The flu season has started out strong this year, already reaching epidemic proportions. A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere...more
On January 17, 2013, the U.S. Department of Health and Human Services (HHS) announced the release of the HIPAA final omnibus rule, which was years in the making. The final rule makes sweeping changes to the HIPAA compliance...more
The Department of Health & Human Services released much-anticipated new rules January 17, which continue to tighten data security obligations for most companies. Specifically, HHS has modified existing Regulations (45 CFR...more
A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more
In the midst of the flu pandemic sweeping the nation, a federal court in Ohio has provided some food for thought to employers that require their employees to get a flu shot. In Chenzira v. Cincinnati Children's Hospital...more
A ruling from an Ohio federal court warns that a religious discrimination claim can arise from of a set of beliefs that an employer might not ordinarily equate with religion. In Chenzira v. Cincinnati Childrens’ Hospital...more
What can and can’t you get fired for? That seems to be at the crux of about 90 percent of employment law cases. In that vein, it seems you may soon be able to add veganism to the list of “can’t“s as a preliminary ruling...more
The U.S. Supreme Court, in a 6-2 decision, ruled that the National Childhood Vaccine Act of 1986 (NCVIA) preempts state-law design defect claims against vaccine manufacturers. [See Bruesewitz v. Wyeth LLC, FKA Wyeth, Inc.]...more
On February 22, 2011, in Bruesewitz v. Wyeth, Inc., the U.S. Supreme Court held in a 7–2 decision that the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”) preempts all design defect claims brought against...more
On February 22, the Supreme Court issued its decision in Bruesewitz v. Wyeth, 562 U.S. __ (2011). The Court’s 6-2 opinion, written by Justice Scalia (Justice Kagan took no part in the decision), held that design defect claims...more
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