DE Under 3: Biden White House's Rescission of Trump-Era Religious Exemption
DE Under 3: Secretary Walsh Intervenes in Court, Religious Exemption Updates, & AAP Verification Deadline Extension Developments
DE Under 3: Federal Agencies Semi-Annual Regulatory Agenda; ODEP’s NDEAM 2022 Theme & The Dobbs Decision
#WorkforceWednesday: OSHA ETS Coming Soon, OSHA Cracks Down on States, and EEOC Updates Guidance - Employment Law This Week®
#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for Virtual World - Employment Law This Week®
Get Keen on the Vaccine: Considerations for Employers Considering a Mandatory COVID-19 Vaccine
On-Demand Webinar | Employment Issues With a COVID-19 Vaccine
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more
During the height of the COVID-19 pandemic, employers attempting to enforce safety policies faced resistance from employees opposed to vaccination mandates. In many cases, employees claimed that taking the vaccine violated...more
On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more
Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more
Enhanced Airport Screening Did Not Violate Free Exercise Clause In Haidari v. Mayorkas, No. 22-cv-2939 (ECT/ECW), 2023 WL 5487351 (D. Minn. Aug. 24, 2023), the court dismissed the plaintiff's claim that federal agents have...more
On July 20, 2023, the United States District Court for the District of Massachusetts dismissed an employee’s Title VII lawsuit, by which she challenged her employer’s denial of her request for religious exemption from a...more
Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
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
When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more
The Novavax COVID-19 vaccine recently received emergency use authorization (EUA) from the U.S. Food and Drug Administration (FDA) for individuals 18 and older, making Novavax the fourth COVID-19 vaccine to receive either...more
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
On May 30, 2022, Politico published an article with the headline: America’s Hospital Regulator Wasn’t Designed for a Pandemic.” The crux of the article: “[T]he Centers for Medicare and Medicaid Services is ill-equipped to...more
On April 25, 2022, South Carolina enacted a statute aimed at curtailing employers’ ability to require workers to be vaccinated against COVID-19. To start, the Act absolutely bans state and local governments from requiring...more
Question: Our COVID-19 policy calls for vaccination or testing and masking “at all times.” We made a verbal offer to a candidate for a position requiring travel to trade shows, but when she learned about our vaccine-or-test...more
Mississippi joins the list of states limiting public employer COVID-19 vaccine mandates. On April 22, 2022, Gov. Tate Reeves signed a bill banning public institutions and agencies from discriminating against people based on...more
As employees are increasingly returning to the office, a new amendment to existing Tennessee law regarding vaccination further complicates the landscape for employers concerning COVID-19 vaccine mandates. See the full text...more
Second post in our series. NOTE FROM ROBIN: Last month, I posted the first in what will be a series of very basic explanations of the federal laws that govern the workplace. I could not resist having religious...more
Do you have a mandatory vaccination policy? Are you exempt from Tennessee’s COVID-19 vaccine protection law because you’re a federally regulated company, healthcare provider governed by the U.S. Centers for Medicare &...more
Decisions, decisions. Can you require that your employees get a COVID-19 vaccine, and if you do, can you make the employees tell you their vaccination status? This is not an easy answer and may be more complicated given the...more
Q: I want to encourage my employees to get vaccinated for COVID-19 and other vaccines such as the flu. Can I offer different sick leave banks to those who are vaccinated?...more
Throughout the COVID pandemic, healthcare employers have navigated the challenge of balancing safety concerns with employee requests for religious exemption from the vaccine. Since lifting the stay of the CMS rule requiring...more
The EEOC recently issued updated guidance regarding religious objections to COVID-19 vaccination requirements. This updated guidance, in the form of FAQs, addresses the circumstances under which employers may need to provide...more
Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability....more
Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more