Employers considering whether to adopt a mandatory vaccine policy should be alert to recently-enacted and pending legislation regulating workplace vaccine policies in certain states. As we reported last month, the Equal Employment Opportunity Commission (EEOC) has issued guidance for employers to consider before adopting a mandatory vaccine policy.

Continue Reading State law may impact employer vaccine policies

The attorneys behind the Employer Law Report Blog present the final part of our three-part series on the COVID-19 vaccine and employer considerations.

On Jan. 7, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) proposed new rules that would apply to employer wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Some commentators have suggested that these rules may affect employers who plan to offer an incentive to encourage employees to receive the COVID-19 vaccine. Less than two weeks later, the Biden Administration issued a regulatory freeze and instructed agencies to withdraw unpublished rules, including the proposed wellness program rules. For now, it is important to be aware of the rules because they may indicate the direction the EEOC intends to take when the freeze is lifted.


Continue Reading EEOC proposes new wellness program rules under the ADA and GINA which may limit employers’ efforts to incentivize COVID-19 vaccination

The attorneys behind the Employer Law Report Blog present the second blog in our three-part series on the COVID-19 vaccine and employer considerations.

The COVID-19 vaccination process has begun in the U.S., but at this point, the COVID-19 vaccine is not widely available to most employees. As explored in Part 1 of our series on the COVID-19 vaccine, many employers are deciding whether to require or incentivize their employees to obtain the vaccination. In addition to the issues raised in those posts, employers need to consider the implications of the workers’ compensation system in developing vaccination policies and procedures.


Continue Reading Vaccine policies and workers’ compensation

The attorneys behind the Employer Law Report Blog present the first in a three-part series on the COVID-19 vaccine and employer considerations.

As vaccinations become increasingly available to stop the spread of COVID-19, some  employers are posing the question: Can I require my employees to receive the vaccine in order to make my workplace more safe? The question is somewhat academic right now, since the vaccine is not widely available in most states, but it appears that will change in the weeks and months to come.


Continue Reading COVID-19 vaccine for employees: Can you require it? Should you require it? Can you offer incentives to encourage it?