As featured in #WorkforceWednesday: This week, we look at the next steps large employers and health care providers need to take to comply with vaccine mandate rules applicable to their organizations.
Video: Vaccine Mandate Compliance for Large Employers, Unionized Employers, and Health Care Providers – Employment Law This Week
Circuit Court Stays Enforcement of OSHA’s Emergency Temporary Standard and OSHA Complies—More Developments Anticipated This Week
On Friday, November 12, 2021, a panel of the U.S. Court of Appeals for the Fifth Circuit issued a strongly worded decision granting a motion to prevent the Occupational Safety and Health Administration (OSHA) from implementing or enforcing the Emergency Temporary Standard (ETS) that went into effect on November 5, 2021. Among other things, the ETS mandates that employers with 100 or more employees require that their workers be fully vaccinated against COVID-19 or submit to precautions like regular testing and using face coverings. However, the Fifth Circuit ordered OSHA to take no action to implement or enforce the ETS until further court order.
The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using website design features to deceive consumers into signing up for subscription services (i.e. by using “dark patterns”).
The Policy Statement was released in light of an uptick in the number of consumer complaints citing harm caused by deceptive recurring subscription practices, such as billing consumers for unauthorized charges or making it difficult for consumers to cancel a subscription. Read more…
Last week, as widely reported, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to Protect Workers from the COVID-19 (see full details in our Insight). Currently the subject of much pending litigation including a Temporary Restraining Order (TRO) and thus, for the time being, in limbo, the ETS is nonetheless a set of federal regulations that, unless overturned, applies to a large proportion of U.S. employers with 100 or more workers and requires those employers to either: (a) mandate that all employees be vaccinated against COVID-19 or (b) have a policy allowing unvaccinated employees to continue working, so long as they test for the virus at least weekly and wear masks in shared workspaces. With a relatively short timeframe for compliance, the ETS has raised questions from those at both sides of the labor relations table, leading the General Counsel of the National Labor Relations Board (NLRB) to issue an Operations-Management Memo (OM 22-03 or “the Memo”) on November 10, 2021 explaining its position on the duty to bargain over these matters.
November 11, 2021 — Having completed her articling period and been called to the Bar yesterday, Juliana Boutot begins her career today as a litigator with our Civil and Commercial Litigation Group. She demonstrated her potential by handling very diversified files and will undoubtedly contribute significantly with her civil and common law education.
As featured on the Diagnosing Health Care Podcast: As 2021 nears a close, acute care hospitals and health systems are facing a host of financial, regulatory, and legislative challenges. In this special episode of Diagnosing Health Care, Rick Pollack, President and CEO of the American Hospital Association, and Epstein Becker Green’s Ted Kennedy, Jr., discuss the ways in which the industry is working with the Biden administration and Congress to shape policy around critical issues, such as surprise billing, coverage expansion, value-based care, and telehealth.
Video: OSHA’s Vaccine ETS Is Here, Circuit Court Blocks ETS, Health Worker Vaccine Rules – Employment Law This Week
As featured in #WorkforceWednesday: This week, the Biden administration has finally released the COVID-19 vaccine mandate rules for employers with 100 or more employees, and the challenges started right away.
Employers Face December, January Vaccine ETS Deadlines
On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated Emergency Temporary Standard (ETS). The ETS covers COVID-19 vaccine, testing, and related requirements for most employers with at least 100 employees. Attorneys Bob O’Hara and Nancy Popper discuss how employers are beginning preparations to meet deadlines in early December and January, despite challenges to the standard already popping up in court. Read more.
Miller Samuel Hill Brown are delighted to announce that we have been named as one of the top 40 Scottish legal practices in ‘The Times Best Law Firms 2022’ published last week. The annual listing commended the firm based on recommendations by our peers and a particular commendation was extended to our employment team. Read more…
With COP26 descending on Glasgow this week our attention turns to world leaders to explain how they intend to address the ever—growing concerns around the impact that the human race has had on our planet.
On 3rd November 2021 Rishi Sunak described a policy which will see most large UK firms and financial institutions instructed to put together a detailed plan (by 2023) which sets out how they intend to reach the UK’s net-zero emission target by 2050. A notable concern for many will be whether or not businesses take these matters seriously or if they simply pay lip-service to satisfy their legal obligations. While the latter may be possible, it is likely to put businesses who do so at a substantial disadvantage. Read more…
On Friday, October, 29, 2021, the Department of Labor (DOL) issued a final rule regarding how to determine which tipped employees may receive a “tip credit” in lieu of receiving the full minimum wage directly from the employer. The new rule restores the “80/20” rule rescinded under President Trump, requiring employers to pay employees at least the minimum wage if they spend more than 20% of their time working on tasks that do not specifically generate tips such as wiping down tables, filling salt and pepper shakers, and rolling silverware into napkins, or duties referred to in the industry as “side work.” The rule goes into effect on December 31, 2021 and the change represents continuation of a pattern that has continued across administrations with Presidents adopting and rescinding the rule over the past three administrations.