News & Analysis as of

Vaccinations Equal Employment Opportunity Commission (EEOC) Health Insurance Portability and Accountability Act (HIPAA)

Jackson Lewis P.C.

Class Action Trends Report Fall 2022

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

Burr & Forman

Labor & Employment E-Note - November 2021

Burr & Forman on

Resources - Safer Federal Workforce Task Force Updates Guidance for Federal Contractors - On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As...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

Foley & Lardner LLP

“How To” Guide for Health Plan Premium Incentives for the COVID-19 Vaccine

Foley & Lardner LLP on

Health plan wellness programs may generally include a health plan premium incentive discount for those who have received the COVID-19 vaccine(s) or, alternatively, a premium surcharge for those who are not vaccinated....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

Groom Law Group, Chartered

New Tri-Agency Guidance on COVID-19 Vaccine-Related Premium Surcharges/Discounts

With rising rates of COVID-19 cases in the past few months, employers have been increasingly interested in exploring incentives designed to increase COVID-19 vaccination rates among employees. One idea that has been gaining...more

Holland & Hart LLP

Employee Vaccine Information: Privacy Concerns

Holland & Hart LLP on

Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to...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

Jackson Walker

Vaccination Incentives as Wellness Programs – Getting Back to Business Incentives

Jackson Walker on

Employers wanting to encourage employees to get vaccinated can phrase vaccination incentives as a wellness incentive program so that it is part of an outcome-based wellness program, which may include other wellness programs...more

Parker Poe Adams & Bernstein LLP

Can Employers Charge Higher Group Medical Insurance Premiums for Unvaccinated Employees?

As many companies continue to struggle with low employee COVID-19 vaccination rates, some employers are evaluating imposing higher premiums for unvaccinated employees under their group medical plans. These employers see this...more

Seyfarth Shaw LLP

Anti-Vax Tax Facts: Legal Considerations for Premium Differentials Based on Vaccination Status

Seyfarth Shaw LLP on

Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine....more

Jackson Lewis P.C.

Health Plan Premium Surcharges For Those Not Vaccinated For COVID-19?

Jackson Lewis P.C. on

According to Forbes.com, more employers are considering imposing a premium surcharge on employees participating in the company’s health plan who are not vaccinated for COVID-19. Whether positioned as rewards or penalties,...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

Dentons

GINA and COVID Vaccinations

Dentons on

Since its inception, GINA has been a bit of a mystery to employers trying to determine when and how it might apply and how to take practical steps to mitigate the risk of any type of GINA claim. ...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

Health Care Compliance Association (HCCA)

‘Do the Best’ But Mind the Myriad Laws: Grappling With COVID Vaccination Issues

Report on Patient Privacy 21, no. 6 (June 2021) - ...So begins the provocative lawsuit filed against Methodist Hospital System in Houston by 117 employees who do not want to be vaccinated against COVID-19. Despite the...more

Foley & Lardner LLP

Vaccine Tracking Your Employees – It’s Past Time

Foley & Lardner LLP on

With about half of the U.S. working age, vaccine-eligible population now vaccinated, employers want to know which of their employees got the shot. Many employers are under the impression that mandatory vaccine reporting and...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

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...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

Parker Poe Adams & Bernstein LLP

Can We Charge Higher Health Insurance Premiums for Unvaccinated Employees?

Last week, a client asked a timely and interesting question. The employer asked whether it can begin charging higher group health insurance premiums to employees who have declined the COVID-19 vaccination....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

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