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 certain healthcare workers to receive a COVID-19 vaccine, the US Supreme Court (Court) has refused to enjoin state and city vaccine mandates for workers who seek religious exemptions from such mandates. On March 7, 2022, the full Court rejected, without comment, an emergency application for an injunction that was previously denied by Justice Sotomayor to prevent enforcement of the New York City Department of Education’s COVID-19 mandate against suspended workers who refused vaccination based on religion.  In the wake of continued challenges to vaccine mandates based on religion, the U.S. Equal Employment Opportunity Commission (“EEOC”), released guidance on March  1, 2022 that addresses questions related to religious objections to vaccinations in the workplace. Healthcare employers should ensure that assessment of requests for religious exemptions for vaccine mandates comports with EEOC guidance.
Continue Reading EEOC Issues Employer Guidance for COVID-19 Vaccinations and Religious Objections

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

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!

This month, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a vaccine mandate obligating employees to either get vaccinated or to undergo regular COVID-19 testing.
Continue Reading Stay Prepared: Create Your Customized COVID-19 Policy

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 

REGISTER

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.
Continue Reading What Employers Need to Know about OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)

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

Continue Reading Legal Considerations and Future Vaccine Mandates—How to Prepare for the Federal Vaccine Mandate

On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled individuals, including individuals with long COVID, which entails new or recurring symptoms experienced by some individuals infected with COVID-19 that can last for months after the individual is first infected, even if the initial infection was mild. Due to the “persistent and significant” health issues presented by long COVID, the Office for Civil Rights of the Department of Health and Human Services (HHS) and the Civil Rights Division of the Department of Justice (DOJ) published guidance to explain the application of federal disability laws to individuals suffering from long COVID. The federal government also published a compilation of resources, some of which apply to employers, regarding accommodations for workers suffering from long COVID.
Continue Reading Long COVID as a Disability under Federal Anti-Discrimination Laws

As 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 two questions many of our clients have asked during the past week. 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.
Continue Reading Funny You Should Ask: 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 week. 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.
Continue Reading Funny You Should Ask: Not So Common Employment Questions

No employer wants a union. While unions have not had deep presence in hospice, hospice employers are not immune to unionization efforts.

In this session, Meg Pekarske is joined by her colleagues Jon Anderson and Tom O’Day, who offer their insights on what makes unions attractive to employees and what you can do about it.