The Centers for Disease Control and Prevention recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce....more
Nursing homes care for one of the most vulnerable populations in the country, yet have borne the brunt of a harsh reality over the past two years and counting. Even while pandemic-related death rates decrease, staffing...more
Immediately after blocking OSHA’s “shot or test” ETS, the Supreme Court held Thursday that the CMS vaccine mandate can be enforced by a 5-to-4 margin. This effectively removes the injunctions that had been blocking...more
Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more
1/3/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Oral Argument ,
OSHA ,
Popular ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Note: This CMS Rule refenced in this Insight is separate and distinct from the OSHA ETS that was issued on November 4. Thus, although the CMS Rule could also be challenged in court, the November 6 court order blocking...more
11/9/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Entities ,
Enforcement ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Medicaid ,
Medicare ,
New Rules ,
Preemption ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
President Biden just announced a directive to the Department of Health and Human Services to require nursing homes mandate the COVID-19 vaccine of all employees or lose Medicare and Medicaid funding. Responding to the...more
In shrewd consideration of the healthcare industry’s unique acute care settings, states, localities, and individual hospitals across the nation have prioritized efforts to increase vaccination rates among healthcare workers....more
With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...more
In response to an industry long in crisis before the pandemic, President Biden’s American Jobs Plan allocates substantial investment in the caregiving industry. The Plan aims to allocate $400 billion toward expanding access...more
Businesses have been hit hard by the pandemic over the last year, with the service and entertainment industries bearing the brunt of the fallout resulting from mandated shutdowns, stringent safety restrictions, and reluctant...more
4/5/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Data Privacy ,
Data-Sharing ,
Disability Discrimination ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Public Accommodation ,
Title VII ,
Vaccinations ,
Vaccine Passports
As the weather warms amid the dawning of a new chapter in our country, national vaccine distribution is underway (albeit admittedly haphazard) and the light at the end of the tunnel shines brighter in 2021. As the virus...more
2/1/2021
/ Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Human Resources Professionals ,
Paid Leave ,
Retaliation ,
Sick Leave
We recently discussed the healthcare industry's unprecedented profusion of advanced technologies amidst the pandemic. Such technologies primarily include the expansion of telehealth across the nation and complex advancements...more
11/16/2020
/ Biden Administration ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Medical Records ,
Health Care Providers ,
Patient Privacy Rights ,
Popular ,
Privacy Laws ,
Telehealth
As the virus wreaks havoc in the United States with an indefinite increase in hospitalizations and deaths, the number of Occupational Safety and Health Administration inspections has surged across the nation. Many of these...more
11/3/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Risk Mitigation ,
Whistleblowers ,
Workplace Investigations ,
Workplace Safety
Governor Newsom just signed into law a requirement that private employers with 100 or more employees must annually report to the state detailed pay data categorized by gender, race, and ethnicity. SB 973, signed into effect...more
10/1/2020
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Governor Newsom ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Employers in the healthcare industry are no strangers to change. After all, you are constantly adapting to cutting-edge medical technologies to improve and expand patient care, reform health inequities, advance care...more
A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more
2/5/2018
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Colleges ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Joint Employers ,
NLRA ,
NLRB ,
Private Schools ,
Student Employees ,
Students ,
Unions ,
Universities