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North Carolina Hospital Settles Religious Discrimination Claims Over Flu Vaccine Policy

by Womble Bond Dickinson on

Many healthcare providers in North Carolina have instituted policies requiring their employees who have patient contact to receive the flu vaccine each year. Such policies will typically include a process by which an employee...more

Forcing The Flu Shot? DOJ Sues Over Flu Policy That Requires A Note From The Clergy

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice filed a lawsuit on behalf of a nursing home employee alleging she was forced to receive a flu shot to keep her job when she could not provide a note from a clergy member in support...more

Employer Policies Involving The Flu Vaccine And Discrimination Under Title VII

According to the Centers for Disease Control (“CDC”), the United States experiences a flu season each year. With this year’s flu season considered one of the worst since the 2009-2010 pandemic, many employers wish to...more

Second Circuit Remains Firm That Flu Shot Reminders Are Health Care Messages Under the TCPA

Following up on its decision in Latner v. Mount Sinai Health System, Inc., 2018 U.S. App. LEXIS 114 (2nd Cir. Jan. 3, 2018), the Second Circuit has again held that a flu shot reminder was a health care message under the TCPA....more

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Mandatory Flu Vaccines Land Healthcare Facility In Court

by Holland & Hart LLP on

After rescinding a job offer to an applicant, a Michigan healthcare provider finds itself in federal court defending a religious accommodation claim. If your organization requires employees to get flu vaccines, your policy...more

Memorial Healthcare Sued by EEOC For Religious Discrimination

Hospital Rescinded Job Offer Because of Applicant's Need for Religious Accommodation, Federal Agency Charges - DETROIT- The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today that a...more

Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

by Farrell Fritz, P.C. on

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more

Employer Vaccine Programs: A Case Where Religion is NOT a Factor

by Kelley Drye & Warren LLP on

This year flu season came early and with a vengeance. As we mentioned in our October post, The Rise of Employee Religious Discrimination Claims, mandatory flu vaccines present a common pitfall for employers. As employers seek...more

Refusal to Take Flu Vaccine Not Based on Religious Beliefs

From time to time, health care employers find themselves faced with employees who refuse to take mandatory vaccines intended to protect themselves and their patients from exposure to infectious diseases. Sometimes these...more

No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated...more

Can an Employer Require Employees to Receive a Flu Shot?

With cold and flu season in full swing, we frequently receive phone calls from employers asking if they can require their employees to receive flu shots. Generally, employers may impose such requirements if they offer...more

Did You Get the Shot? Religious Exemptions to Employer Mandated Flu Vaccinations

The last months of the year are marked by holidays, family, snow days -- and influenza, commonly known as the flu. For the 2017-2018 flu season, the Center for Disease Control ("CDC") recommends adults receive an injectable...more

SuperVision - Labor & Employment Law Insights - December 2017

The Editors' Note - Welcome to the fourth quarter edition of SuperVision, the quarterly e-newsletter published by Spilman's Labor & Employment Group. With the recent headlines dominated by stories of individuals coming...more

Sticking it to Your Employees During Flu Season

by Gray Reed & McGraw on

Frustrated with the high number of employees that did not show up for work in the fall and winter last year, Jim Duncey, the owner of Duncey’s Caps, Inc., issues a memo to all employees that they must provide proof that they...more

Influenza Season and Related Obligations to Commence

by Hodgson Russ LLP on

Effective December 13, 2017, New York State Department of Health Commissioner Dr. Howard Zucker has declared influenza to be prevalent in New York State for the 2017-18 influenza season. ...more

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

What Can and Can't You Do to Get Ready for Flu Season

by Snell & Wilmer on

As we get ready for flu season, employers are faced with the quandary of what to do when they want a healthy workplace in order to maintain productivity and morale, but still need to respect an individual employee’s beliefs...more

Mandatory Flu Vaccination Policies: Time for a Check-Up

by Akerman LLP - HR Defense on

After a measles outbreak at Disneyland spread to 134 Californians and residents in six other states and two other countries, California adopted a law removing “personal belief” exemptions from vaccinating children in public...more

Blocked Shot? Employer Runs into Religious Issues with Mandatory Flu Vaccines

If you require your employees to get a flu shot, what do you do with the ones who refuse on religious grounds? As with so much in employment law, it depends. In Equal Employment Opportunity Commission v. Mission Hospital, a...more

Mandatory Flu Vaccine Policies: Dealing With Employees Who Refuse the Shot

Flu season is coming, and healthcare (and other) organizations may be asking whether they should have mandatory flu vaccine policies. If an employer decides to implement a mandatory program, the next question is how to...more

FDA Seizes Stem Cell Therapy—A First of Many?

by Hogan Lovells on

On August 25, 2017, U.S. Marshals Service, at the request of FDA, seized five vials of ACAM20000—a smallpox vaccine containing live vaccinia virus (cow pox), which is reserved for people at high risk of contracting the...more

K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs

by K&L Gates LLP on

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

Guest Post – Causation or No Causation, That Is the Question.

by Reed Smith on

Today we feature another guest post from our European correspondents, Reed Smith partner Marilyn Moberg and associate Kathryn Bond. There has been another EU development from the Court of Justice (its description, not ours)...more

Health Alert (Australia) 12 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 7 June 2017 - Al Muderis v Duncan (No 3) [2017] NSWSC 726 - DEFAMATION – assessment of damage – highly respected orthopaedic...more

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