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Employer Mandates › Department of Justice (DOJ)

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
Bass, Berry & Sims PLC

DOJ’s Quixotic Defense of the Vaccine Mandate May Undermine Presidential Authority

Bass, Berry & Sims PLC on

As we have discussed at length on this blog, for more than a year federal courts have repeatedly held that, for various reasons, President Biden lacked the authority to mandate by executive order that government contractors...more

DirectEmployers Association

OFCCP Week In Review: August 2022

DirectEmployers Association on

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 Cynthia L. Hackerott. In today’s edition,...more

DirectEmployers Association

OFCCP Week In Review: July 2022

DirectEmployers Association on

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 Cynthia L. Hackerott. In today’s edition,...more

DirectEmployers Association

DE Under 3: Vaccine Mandate Updates, Contractor Unique Entity Identifiers, EEOC Nominations & A Reduced VEVRAA Hiring Benchmark

DirectEmployers Association on

In this week’s DE Under 3 Candee and Jay cover the latest in the vaccine mandate injunction saga, contractors’ introduction to Unique Entity Identifiers, DOJ’s guidance on Opioid Use Disorder and its protection under ADA,...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

DirectEmployers Association on

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

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

DirectEmployers Association on

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

Bass, Berry & Sims PLC

DOJ’s Run of Bad Luck Continues – A Seventh District Court Enjoins the Federal Contractor Vaccine Mandate

Bass, Berry & Sims PLC on

After we published our article last week about the status of the four federal vaccine mandates, we learned that a seventh district court had enjoined the federal contractor COVID-19 vaccine mandate, continuing a remarkable...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #2

DirectEmployers Association on

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

Roetzel & Andress

Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule

Roetzel & Andress on

On Friday, the Sixth Circuit Court of Appeals lifted the stay on OSHA’s vaccine-or-test rule for employers with 100 or more employees. In response, OSHA posted a brief statement on its website stating that large employers...more

DirectEmployers Association

OFCCP Week In Review: December 2021 #2

DirectEmployers Association on

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

Bass, Berry & Sims PLC

DOJ Seeks Stay of KY, OH, and TN Injunction; Hearings Go Forward in Other Government Contractor Vaccine Mandate Cases

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As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more

Bass, Berry & Sims PLC

The State Challenges to the Contractor Vaccine Mandate Continue

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The five cases challenging the contractor vaccine mandate filed in various district courts by 22 states, which we discussed on this blog last week, continue to develop. Motions for preliminary injunctions have now been filed...more

Miller Nash LLP

Employers Stay Ready: OSHA’s Vaccine-or-Test Mandate Stalls After Federal Appeals Court Challenge

Miller Nash LLP on

As every large employer should know by now, on November 4, 2021, Occupational Safety and Health Administration (OSHA), Department of Labor (DOL), announced the much-anticipated Emergency Temporary Standard (ETS). The interim...more

Holland & Hart LLP

FDA Fully Approves Pfizer-BioNTech COVID-19 Vaccine: Implications for Employers

Holland & Hart LLP on

Yesterday, the U.S. Food and Drug Administration (FDA) granted “full approval” to the Pfizer-BioNTech COVID-19 vaccine for individuals 16 years of age and older. In other words, the Pfizer-BioNTech vaccine (which will now be...more

White and Williams LLP

Employer Vaccination Policies Will Continue to Gain Momentum as DOJ Offers New Guidance and Federal Employers Impose New Vaccine...

White and Williams LLP on

With the Delta variant on an upswing and COVID-19 vaccines widely available, more and more employers are considering implementing mandatory COVID-19 vaccination policies in the workplace. This is especially true for employers...more

Morgan Lewis

Guidance on COVID-19 Vaccine Mandate Legality Informs Federal, State Authorities’ Vaccine Approaches

Morgan Lewis on

Despite initial ambiguity over the legality of an employer-imposed COVID-19 vaccine mandate in 2020, 2021 has brought a series of decisions and opinions from federal authorities and the judiciary clarifying that an employer...more

ArentFox Schiff

Can Public and Private Entities Impose COVID-19 Vaccination Requirements? DOJ Weighs In

ArentFox Schiff on

With the FDA’s emergency use authorization (EUA) and now widespread availability of multiple COVID-19 vaccines in the United States, an increasing number of public and private entities are considering requiring or have...more

Cozen O'Connor

DOJ Approves Employers’ COVID-19 Vaccine Requirements

Cozen O'Connor on

Eliminating any remaining doubt as to whether the Emergency Use Authorization (or EUA) status of approved COVID-19 vaccines bars private employers from implementing mandatory COVID-19 vaccination policies, on July 6, 2021,...more

Perkins Coie

DOJ Takes Stance on Mandatory COVID-19 Vaccine Policies: They Do Not Violate Federal Food and Drug Laws

Perkins Coie on

According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act (FDCA)—which authorizes an “emergency use authorization” (EUA) for...more

Snell & Wilmer

Department of Justice Affirms Employers’ Ability to Mandate Vaccines

Snell & Wilmer on

When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food,...more

Jackson Lewis P.C.

To Mandate Or Not To Mandate: Department Of Justice Weighs In On Vaccination Mandates

Jackson Lewis P.C. on

Can employers mandate vaccines? The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks. On July 26, 2021, the OLC issued an...more

Fisher Phillips

Employers Get Even More Support for Mandatory COVID-19 Vaccines From Department of Justice

Fisher Phillips on

Bolstering the renewed emphasis on increasing the number of people who have been vaccinated against COVID-19, a recent memo from the U.S. Department of Justice (DOJ) that just became public confirms that the “emergency use”...more

Weintraub Tobin

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

Weintraub Tobin on

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. ...more

Cozen O'Connor

New FMLA Regulations Will Affect Texas Employers

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Texas does not recognize same sex marriage, so the natural thought would be to deny a request for an employee to take FMLA leave to care for his or her same sex “spouse” from a marriage in another state. ...more

FordHarrison

DOJ Says Title VII's Sex Discrimination Prohibition Includes Gender Identity

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U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including...more

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