As the rate of COVID-19 cases continues to trend downward in most parts of the country, and employers begin to relax mask policies and encourage employees’ return to the office, COVID-19-related issues remain at the forefront — including employee vaccination status. On March 1, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance regarding religious objections to employer vaccine requirements. Continue Reading EEOC issues guidance on COVID-19 vaccine religious accommodation requirements
Some employers attempt, through employment contracts, to require that employee legal challenges be pursued under private arbitration procedures, rather than through lawsuits or discrimination charges. Continue Reading Senate passes #MeToo bill, bringing changes for employment contracts
Employers beware: A recent holding out of Illinois has determined that employees may sue employers who collect and/or disclose employees’ biometric data. Continue Reading Bio-shocked: In Illinois, workers’ comp not exclusive remedy for claims involving employee biometrics
Not unexpectedly, the federal Occupational Safety and Health Administration (OSHA) officially has withdrawn the Emergency Temporary Standard (ETS) calling for mandatory COVID-19 vaccination or testing by employers of over 100 employees. Continue Reading OSHA withdraws COVID-19 ETS; But do not count OSHA out entirely
On Jan. 13, 2022, the United States Supreme Court struck down the Biden administration’s vaccine-or-test requirement for employers with 100 or more employees. Continue Reading Supreme Court shoots down Biden administration COVID-19 vaccine rule: So what’s next?
As we recently reported, on Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Shortly after the Sixth Circuit’s decision was issued, several opponents of the ETS petitioned the Supreme Court to issue an emergency stay to block OSHA from enforcing the rule. Continue Reading Opponents of OSHA COVID-19 vaccination and testing rule appeal to Supreme Court
As we previously reported, on Nov. 12, 2021, the Fifth Circuit Court of Appeals blocked the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) and ordered OSHA to take no steps to implement or enforce the ETS. After that, several lawsuits challenging the ETS were consolidated in the Sixth Circuit Court of Appeals, and OSHA filed a motion to dissolve the stay issued by the Fifth Circuit. On Dec. 17, 2021, the Sixth Circuit lifted the stay on the ETS, allowing OSHA to begin enforcing the rule. Continue Reading OSHA COVID-19 vaccination and testing rule reinstated
Florida Gov. Ron DeSantis recently signed House Bill 1B into law, making it more difficult for employers in the state to mandate vaccinations for their employees. The law, which will remain in effect until June 1, 2023, states that an employer may not impose a COVID-19 vaccine requirement without providing five exemptions from the requirement. Continue Reading Florida enacts law that limits employers’ ability to mandate vaccinations
On Tuesday, Dec. 7, 2021, a federal court in Georgia issued a nationwide injunction against Executive Order 14042, which required many federal contractors to mandate vaccination of employees at facilities which provide support for their federal work. As we have reported in recent weeks, attorneys general and other business groups have been filing lawsuits across the country to prevent vaccine mandates from going into effect.
Federal vaccine mandate obligations continue to be challenged successfully in the courts. Here is a quick refresher on the federal measures taken recently to require employers to mandate COVID-19 vaccination. Continue Reading More courts issue injunctions against federal vaccine mandates