While many have moved on from thinking about COVID-19 and its impact on daily life, employers are reminded that despite the expiration of the public health emergency (PHE), there are still workplace considerations related to...more
On 2 March 2022, President Biden released his administration’s National COVID-19 Preparedness Plan (Plan) to “enable America to move forward safely” from the COVID-19 pandemic. The Plan focuses on four main areas—(1)...more
Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different...more
In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees. “Vaccine sweepstakes,” by which employers offer cash or other prizes...more
SCOTUS Rules on Vaccine Mandates: (1) Blocks OSHA’s ETS and (2) Allows CMS Mandate to Go into Effect - On 13 January 2022, the United States Supreme Court issued two rulings on the challenges to the Occupational Safety and...more
UPDATE: Shortly after the publication of this alert on December 20, 2021, the United States Supreme Court announced that it will hear arguments on January 7, 2022 on both the Occupational Safety and Health Administration’s...more
12/24/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
OVERVIEW - On 15 to 17 November 2021, the Florida legislature debated and passed four bills that address COVID-19 issues related to employees and parents/students. On 18 November 2021 and effective immediately, Florida...more
Since the publication of this alert, the United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of OSHA’s Emergency Temporary Standard, finding there is “cause to believe there...more
As employers across the country await additional rules related to COVID-19 vaccination mandates for employers with more than 100 employees, companies in the State of Texas are now subject to certain restrictions on their...more
Introduction - On 4 October 2021, the Departments of Labor, Treasury, and Health and Human Services (the Departments) jointly issued a set of Frequently Asked Questions (FAQs) governing employers’ ability to provide discounts...more
On 9 September 2021, President Biden announced his comprehensive national strategy for addressing the COVID-19 pandemic including multiple directives and actions targeted at federal, private-sector, and healthcare employers....more
On 27 July 2021, the Centers for Disease Control and Prevention (CDC) issued updated guidance for When You’ve Been Fully Vaccinated, given new evidence that the dominant strain of COVID 19 circulating in the United States,...more
7/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On 10 June 2021, after months of anticipation by workers and the business community, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard1 (COVID ETS) with significant implications...more
On 13 May 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance, stating that individuals who are fully vaccinated against COVID-19 “can resume activities without wearing a mask or staying 6 feet...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
The following is a list of suggested practices for businesses to consider during the reopening process as they return employees to in-person work after an extended period of working remotely. The following are suggested...more
The U.S. Equal Employment Opportunity Commission (EEOC) announced last Friday that it was withdrawing two proposed rules regarding the incentives employers can provide their employees as part of a wellness program without...more
The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory...more
2/16/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Liability ,
Public Health ,
Racial Bias ,
Reasonable Accommodation ,
Telemedicine ,
Title VII ,
Vaccinations ,
Wage-Fixing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
As additional COVID-19 vaccines receive emergency use authorization from the Food and Drug Administration, more employers are weighing the risks of implementing mandatory vaccination programs for employees. ...more
INTRODUCTION - Following earlier announcements as to the efficacy of vaccine trials by pharmaceutical companies Pfizer, Inc. (Pfizer) and Moderna, Inc. on November 20, 2020, Pfizer and BioNTech submitted applications for...more
11/25/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Healthcare Workers ,
Moderna Inc. ,
OSHA ,
Pfizer ,
Pharmaceutical Industry ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workers’ Compensation
2019 brought continuing changes to employment law issues affecting the health care industry. The following Alert — prepared by K&L Gates’ collaborative team of employment lawyers dedicated to serving health care industry...more
1/29/2020
/ Department of Labor (DOL) ,
Drug Testing ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare Workers ,
Home Healthcare Workers ,
Medical Marijuana ,
Non-Compete Agreements ,
Over-Time ,
Physicians ,
Vaccinations ,
Workplace Violence
2018 brought developments in employment law issues that have particular relevance to the health care industry. These include continuing developments regarding employee resistance to vaccination mandates, increased...more
2/5/2019
/ Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
NLRB ,
OSHA ,
Sexual Harassment ,
Vaccinations ,
Wage and Hour ,
Workplace Violence
This episode discusses the risks associated with mandatory employee vaccination programs and practical tips for health care entities on how to minimize these risks from an employment law perspective. In particular, this...more
8/28/2017
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Grace Period ,
Healthcare ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Summary Judgment ,
Termination ,
Title VII ,
Undue Hardship ,
Vaccinations