Labor & Employment

COVID VACCINE – WHAT SHOULD EMPLOYERS DO WHEN SOME EMPLOYEES ARE VACCINATED AND SOME ARE UNVACCINATED?

2021 has been a year of widespread rollout of the COVID-19 vaccine (and most recently the Covid Booster Jab). However, the new Omicron variant has many concerned about the efficiency of the original Covid vaccine and it is now looking increasingly likely that Covid Vaccinations and Booster Jabs will continue well into 2022. With more employees being asked to return to the workplace, we look at the issues for employers going forward regarding vaccinations and what happens where some employees are vaccinated and others are not. Read more…

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Video: SCOTUS Decides on Vaccine Rules, Companies Can Still Require Vaccination, Restrictive Covenants in CO – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we’re breaking down what last week’s U.S. Supreme Court decision on two of the federal vaccine mandate rules will mean for employers.

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Supreme Court Rejects OSHA Vax-or-Test ETS for Large Employers but Allows CMS Vax Rule for Health Care Workers

As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days earlier, the Court issued two unsigned decisions per curiam. A 5-4 decision in Biden v. Missouri dissolved a preliminary injunction against enforcement of an interim final rule (“Rule”) promulgated by the Centers for Medicare & Medicaid Services (CMS), requiring recipients of federal Medicare and Medicaid funding to ensure that their employees are vaccinated against COVID-19.

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SCOTUS Permits CMS Health Care Vax Rule but Rejects OSHA Vax-or-Test ETS for Large Employers

As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days earlier, the Court issued two unsigned decisions per curiam. A 5-4 decision in Biden v. Missouri dissolved a preliminary injunction against enforcement of an interim final rule (“Rule”) promulgated by the Centers for Medicare & Medicaid Services (CMS), requiring recipients of federal Medicare and Medicaid funding to ensure that their employees are vaccinated against COVID-19.

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Supreme Court Blocks OSHA Vax-or-Test ETS for Large Employers, Allows CMS Health Care Vax Rule

As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days earlier, the Court issued two unsigned decisions per curiam. A 5-4 decision in Biden v. Missouri dissolved a preliminary injunction against enforcement of an interim final rule (“Rule”) promulgated by the Centers for Medicare & Medicaid Services (CMS), requiring recipients of federal Medicare and Medicaid funding to ensure that their employees are vaccinated against COVID-19.

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Guidance for employers following Supreme Court rulings on OSHA ETS and vaccine mandate for healthcare workers

Supreme Court stays the OSHA ETS

Now that the Supreme Court has reinstated a stay on the OSHA Emergency Temporary Standard that required employers of 100 or more employees to implement a “vaccine or test” policy, employers must decide how to proceed – with policies they may have already rolled out, with confidential medical information they may have already collected, and with expectations from employees on both sides of the COVID-19 vaccine divide. McDonald Hopkins’ Labor and Employment team has prepared guidance for employers on how to move forward with a continued focus on workplace safety and compliance.

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Plan Coverage of At-Home COVID-19 Testing

The Departments of Labor, Health and Human Services and the Treasury issued joint guidance mandating plan coverage of FDA-approved over-the-counter at-home COVID-19 diagnostic tests beginning January 15, 2022. The joint guidance was issued on January 10, 2022 in the form of FAQs.

Background of At-Home TestingUnder the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), group health plans and issuers must cover approved COVID-19 diagnostic testing without any cost-sharing requirements, prior authorizations, or other medical management requirements. Read more…

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Five Fast Facts on Boston’s Indoor Vaccine Mandate

Ready for the “new normal”? Starting January 15, 2022, Boston’s “B-Together” Vaccine Mandate (“the mandate”) will require certain indoor establishments to require proof of COVID-19 vaccination for entry from employees, contractors, and customers.

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Keep on Masking: NY Governor Extends Mask Mandate Through February 1, 2022

As we previously reported, in December New York Governor Kathy Hochul issued a mandate requiring that masks be worn in all indoor public places, unless the business or venue requires proof of vaccination for entry.  As part of the state’s “Winter Surge Plan 2.0”, the mandate, which was initially set to expire on January 15, has now been extended for an additional two weeks, through February 1, 2022.

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CMS reinstates vaccine mandate rule for healthcare workers in 25 states

Employers continue to find themselves in the crosshairs of the vaccine mandates enforcement battle. The most recent salvo involves the December 28, 2021, decision by the Centers for Medicare & Medicaid Services (CMS) to enforce its vaccine mandate for healthcare workers at covered entities in 25 states – while that same mandate remains stayed in 25 other states.  Read more…

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