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Tom O'Day

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Tom advises and represents employers through sophisticated labor and employment matters, with a particular focus on the healthcare and education sectors. When investigation or litigation occurs, he’s a fierce advocate for clients, helping them to resolve issues with minimum interruptions to daily operations while implementing best practices to avoid future litigation.

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SCOTUS CMS Vaccine Arguments

On Friday, January 07, 2022, the Supreme Court heard oral arguments on a rule promulgated by the Centers for Medicare & Medicaid Services. The Rule is being challenged by numerous states and CMS is currently enjoined from enforcing the Rule in half the country. The government petitioned the Supreme Court to stay the injunctions in…

E.D.Mo. Seal

Surprise! This morning a federal court in Missouri has ordered the Centers for Medicare & Medicaid Services (CMS) not to enforce the vaccine mandate in these states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.

Watch for the CMS/Biden Administration response today!

Hospice Insights

What is the latest on vaccine mandates? In this episode, Husch Blackwell’s Meg Pekarske is joined by colleague Tom O’Day to discuss the newly released OSHA and CMS rules. They’ll uncover the surprises, discuss how to implement the requirements and analyze the challenges that may be on the horizon for hospices. Tune in to this lively and helpful conversation: https://lnkd.in/eaxixFYD

Vaccine Mandates Webinar

Update: November 18, 2021

Missed yesterday’s discussion around issues covered employers must consider under OSHA’s mandates and the steps employers should take to comply with the ETS? The webinar recording is now available for viewing at your convenience. Simply register using the following link and you will have access to the recorded webcast: https://bit.ly/3oH0aO7

Wednesday, November 17, 2021
Live Webinar | Noon – 1:00 p.m. CST 

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OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) is now effective, and employees who work for covered employers have until January 4, 2022 to get vaccinated or to otherwise comply with the new requirements.

Vaccine Mandate Webinar CMS

Friday, November 12, 2021
Live Webinar | Noon – 1:00 p.m. CST
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On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of Participation, Conditions for Coverage or Requirements for Participation. Join Husch Blackwell attorneys for an update and a closer look at the requirements for covered entities. Preview our recent Legal Alert on this topic.

Covid Vaccine Alert

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of Participation, Conditions for Coverage or Requirements for Participation.

Thursday, September 30, 2021
Live Webinar | 2:00 – 3:00 p.m. CDT

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Healthcare employers have been implementing vaccine mandates—hard mandates, soft mandates, and everything in between—for some time now. The religious exemption requests, however, are piling up. Join Husch Blackwell attorneys who have experience addressing the myriad issues involving religious exemptions, including federal law, state laws and “right of conscience” laws. Stick around for questions and answers and hear other human resources leaders in healthcare share their experiences.

Vaccine Mandates Webinar

Did you miss some of the webinar, want to review some of the material or have a colleague who missed the program? The webinar recording is now available for viewing at your convenience. Simply register using the following link and you will have access to the recorded webcast. https://event.on24.com/wcc/r/3418654/CFE58C2AEF93EDB2894F6D043A5D5422?mode=login&email=priscilla.murray@huschblackwell.com

OSHA Guidance

On June 28, 2021, the Occupational Health and Safety Administration (OSHA) issued a new directive that establishes a change in its inspection and enforcement procedures to facilitate the uniform enforcement of OSHA’s Emergency Temporary Standard (ETS) with respect to workplace exposures to COVID-19 in the healthcare industry. The directive is effective for no more than 12 months from June 21, 2021, unless cancelled or extended by OSHA. State Plans must adopt enforcement policies that are identical to or at least as effective as the enforcement policies issued by federal OSHA by July 28, 2021.

Not So Common Employment Questions

As more businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address three questions many of our clients have asked during the past few weeks. The answers below focus on compliance with federal law. As always, employers will need to take state and local laws into consideration in addition to federal law.