News & Analysis as of

Vaccinations Health Insurance Portability and Accountability Act (HIPAA) Genetic Information Nondiscrimination Act

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

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

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

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

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

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

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

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

Miles & Stockbridge P.C.

Employers Give It A “Shot” - How the Covid-19 Vaccine May Impact the Workplace: Part 2: Can You Offer Employees Incentives for...

There’s a legal answer and a practical one. Because we’re lawyers, let’s start with the legal answer. Yes, an employer can offer employees incentives to get vaccinated....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

Lathrop GPM

COVID-19 Vaccinations and the Workplace: Critical Updates

Lathrop GPM on

In our previous alert on vaccinations and the workplace, we addressed the threshold question of whether employers can require their employees to get vaccinated and other related COVID-19 vaccine issues. At that time, however,...more

Bond Schoeneck & King PLLC

Employee Benefits Issues Implicated by Incentivizing Employees to Obtain the COVID-19 Vaccine

Many employers are grappling with the decision of whether to provide an incentive (e.g., a cash payment, other form of financial incentive or increased time off) to employees to encourage them to receive the COVID-19 vaccine....more

Epstein Becker & Green

EEOC Withdraws Proposed Wellness Incentive Rules — Increasing Employer COVID-19 Vaccination Incentive Uncertainties

Epstein Becker & Green on

We previously discussed the EEOC’s proposed new wellness program incentive rules under the ADA and GINA in our post, How Big Can the Carrot Be? The proposed rules were to replace the EEOC’s previous “health-contingent”...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

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

King & Spalding

COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy

King & Spalding on

As COVID-19 vaccines become more widely available and employers contemplate policies that will facilitate returning to the workplace, one important issue is whether employers can require employees to receive COVID-19...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Disability

White and Williams LLP on

The FDA’s emergency use authorization of the Pfizer-BioNTech COVID-19 vaccine and the Moderna COVID-19 vaccine is raising hope across the nation of a return to some semblance of normalcy in the months to come. In light of...more

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