On June 12, 2021, a federal District Court in Texas soundly rejected an attempt by Houston medical workers to challenge the legality of their employer’s decision to require that all employees receive a COVID-19 vaccine. In the lawsuit, Bridges, et al. v. Houston Methodist Hospital et al., 117 hospital workers sued for an injunction to block the hospital’s mandatory vaccination policy as well as the termination of any employee unwilling to comply with the employer’s mandate that all employees be vaccinated against COVID-19. More specifically, the employees asserted that the vaccine mandate would result in wrongful termination in violation of the public policy of the state of Texas and federal law.
Labor & Employment
June 22, 2021
Cal/OSHA Has Approved Revisions to the Emergency Temporary Standards Related to COVID-19 Which Are Now in Effect
As we previously reported, on June 9, 2021, the California Occupational Safety and Health (“Cal/OSHA”) Standards Board (“the Board”) withdrew its prior proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (“ETS”), effectively returning to the original ETS approved in November 2020. A week later, however, on June 17, 2021, the Board approved revisions to the ETS (“Revised ETS”) which, among other things, align with current guidance from the California Department of Public Health (“CDPH”) and Centers for Disease Control and Prevention (“CDC”) with respect to physical distancing and the use of face coverings for vaccinated individuals.
June 17, 2021
New York Reaches 70 Percent: What Does That Mean for NY Employers?
On June 15, 2021, New York State celebrated reaching 70 percent of its adult population having received at least one vaccination dose. As a result, the State lifted most of its New York Forward industry-specific COVID-19 guidelines—including social gathering limits, capacity restrictions, cleaning and disinfection, health screening, and gathering contact information for tracing—making them optional for most employers. The State has archived its industry-specific reopening guidance, which employers may, but are not required to, continue to follow[1].
June 16, 2021
COVID Re-Opening Phase 5: What Now for Illinois and Chicago Businesses?
On June 11, 2021, Illinois and the City of Chicago entered Phase 5 of its five-stage reopening plans. As part of the transition, Illinois released Executive Order 2021-12 (the “Phase 5 Reopening Order”) and new Phase 5 Guidance. Chicago also issued Phase 5 Recommendations and provided a helpful graphic that provides additional recommendations, which apply to all businesses. For Illinois and Chicago businesses, Phase 5 means a lifting of many COVID-19 restrictions across industries. Although businesses can start operating closer to normal, Phase 5 is a new normal that still includes social distancing and masking recommendations that should be on your Company’s radar.
June 14, 2021
Case dismissed: Employees lose challenge to mandatory vaccine policy
The issue of mandatory vaccines has been a sensitive one for employers. Although the EEOC cleared the way for employers to mandate vaccines in its Technical Assistance guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, most employers have taken the route of strongly encouraging rather than mandating vaccines. Now, with the rate of vaccines leveling off, employers are re-thinking that approach. A Texas federal court’s recent decision dismissing a challenge to an employer’s vaccine requirement may provide just the legal support some employers need to implement a vaccine mandate. Read more…
June 11, 2021
OSHA issues emergency temporary standard applicable to healthcare providers
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has announced it will issue an emergency temporary standard (ETS) to protect healthcare workers from contracting coronavirus. Read more…
May 19, 2021
Video: CDC Guidance for the Fully Vaccinated, NY HERO Act, ABC Test, and FAAAA Preemption – Employment Law This Week
As featured in #WorkforceWednesday: This week, we focus on the Centers for Disease Control and Prevention’s (CDC’s) new guidance for vaccinated individuals and what it means for accommodations.
Employers Navigate New CDC Guidance for Fully Vaccinated Individuals
Last week, the CDC updated its guidelines to state that it is safe for fully vaccinated people to resume normal activities without masks or social distancing “except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” Attorneys Shira Blank and Susan Gross Sholinsky explain what this means for employers and businesses that are places of public accommodation.
May 13, 2021
New York HERO Act Establishes Additional COVID-19 Workplace Safety Requirements
Governor Cuomo signed the HERO Act (the Act) into law on May 5, 2021. The Act requires all private New York employers to put certain COVID-19 safety standards into place and prepare a plan aimed at preventing the transmission of COVID-19 and other airborne infectious diseases at work. Most provisions of the Act go into effect on June 4, 2021. However, the provision of the Act that permits employees to form a joint labor-management health and safety committee does not become effective until November 1, 2021, and applies only to private employers with 10 or more employees. Read more…
May 12, 2021
Chicago Enacts COVID-19 Vaccine Anti-Retaliation and Time Off Ordinance
The City of Chicago recently enacted the Chicago COVID-19 Vaccine Anti-Retaliation Ordinance.
The Vaccine Anti-Retaliation Ordinance allows workers in Chicago – including independent contractors — to get vaccinated during a scheduled “shift,” requires pay for hours taken to get vaccinated (if an employer mandates the vaccine), and prohibits retaliation for getting vaccinated during a scheduled shift.
May 7, 2021
COVID-19 Vaccination Policies: Should Employers Recommend or Require Vaccination?
On April 29, 2021, The Boston Globe published an editorial entitled, “It’s time for employers to impose vaccine mandates.” According to The Boston Globe Editorial Board, “COVID vaccines, which are extremely safe and effective, are Americans’ way out of this nightmare, and employers – including the state – owe it to their workers and the public to create safe working conditions.”
While a mandatory vaccination policy may make sense for some employers, the issues associated with such a policy are complex and require careful consideration. As an employer, does it make sense for you to implement a mandatory vaccination policy at this point? Or in the near future? Should you consider a non-mandatory vaccination policy?
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