News & Analysis as of

Vaccinations Genetic Information Nondiscrimination Act

Constangy, Brooks, Smith & Prophete, LLP

Can GIPA be the new BIPA?

There’s a new wave of class action lawsuits hitting Illinois employers, based on a law that has been under the radar for more than 25 years: The Genetic Information Privacy Act, also known as GIPA. Passed in 1998, GIPA...more

Epstein Becker & Green

The End of COVID-19 Guidance? EEOC Publishes Technical Assistance “Capstone”

Epstein Becker & Green on

When the COVID-19 pandemic began in 2020, employers found themselves in uncharted territory – a new virus, public health emergency declarations, and legislation. Against this onslaught of emerging circumstances, the Equal...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

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

DirectEmployers Association

OFCCP Week In Review: February 2022 #4

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

Holland & Hart - The Benefits Dial

Talk About Bruno . . . Health Plan Premium Surcharges & Vaccination Status

Last week, the US Supreme Court blocked the OSHA standard requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect (more info here). With the fate of that standard likely...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

Holland & Hart - Employers' Lawyers

New OSHA and CMS COVID-19 Vaccination & Testing Mandates: What Employers Need to Know

Today, the Department of Occupational Safety and Health Administration (OSHA) issued its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) and the Centers for Medicare & Medicaid Services (CMS) issued its...more

Holland & Hart - Health Law Blog

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully...more

ArentFox Schiff

EEOC Issues Updated FAQs Relating to COVID-19 Pandemic

ArentFox Schiff on

On October 13, 2021, the Equal Employment Opportunity Commission (EEOC) once again issued updated FAQs concerning the application of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title...more

DirectEmployers Association

OFCCP Week In Review: October 2021 #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

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

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...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

Verrill

Employee Benefits & Executive Compensation 2021 Summer Client Advisory

Verrill on

This Client Advisory summarizes developments in the law governing employee benefit plans prompted by the COVID-19 pandemic. We explain what these developments mean for plan sponsors and highlight the need to adopt plan...more

Cole Schotz

Increasing COVID-19 Cases Accompanied By Increasing Employer Vaccination Policies: Can Employers Legally Require Employees To...

Cole Schotz on

As the Delta variant of COVID-19 rapidly spreads across the country and offices continue to reopen with the close of summer, questions around mandatory vaccination policies are on the rise. On the heels of federal and local...more

Fox Rothschild LLP

The EEOC Issues Updated COVID-19 Guidance

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently updated and expanded its guidance regarding the COVID-19 pandemic and federal anti-discrimination laws, including the Americans with Disabilities Act (“ADA”)...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

Benesch

Can I use federal law to avoid answering questions about my vaccination status?

Benesch on

Can I use federal law to avoid answering questions about my vaccination status? Q: HIPAA (Health Insurance Portability and Accountability Act)? A: No. HIPAA does not prohibit anyone from asking for your health...more

Fox Rothschild LLP

Can Employers Require Vaccinations For COVID-19? - UPDATED August 2021

Fox Rothschild LLP on

The short answer to the big question of whether an employer can require employees to get vaccinated is: Yes. But that is only the beginning of the analysis. The U.S. Equal Employment Opportunity Commission (EEOC) issued...more

Ervin Cohen & Jessup LLP

EEOC Issues Updated COVID-19 Guidance Regarding Vaccination Incentives

The Equal Employment Opportunity Commission (EEOC) has issued updated guidance regarding providing incentives to employees to encourage COVID-19 vaccination, examining various scenarios under the Americans with Disabilities...more

Lowndes

COVID-19 Vaccinations: EEOC Issues Updated Guidance for Employers

Lowndes on

The EEOC recently issued updated guidance for employers regarding COVID-19 vaccinations and questions they raise under federal equal employment opportunity laws, such as the Americans with Disabilities Act (ADA), the Genetic...more

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