CMS Issues COVID-19 Rule Requiring Vaccination of Healthcare Staff

On November 5, 2021, on the same day that the Occupational Health and Safety Administration issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”), the Centers for Medicare and Medicaid Services (“CMS”) released its Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “CMS Vaccination Rule” or the “Rule”).  The CMS Vaccination […]

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OSHA’s Vax-or-Test ETS: What Employers Need to Know

The federal Occupational Safety and Health Administration has now issued the Emergency Temporary Standard (ETS) implementing President Biden’s September 9, 2021 COVID-19 Action Plan that requires employers with 100+ employees (1) to mandate vaccinations or weekly testing/face coverings for their workforce and (2) to provide paid time off to get vaccinated and recover from any […]

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EEOC Issues Guidance On Religious Exemptions to COVID-19 Vaccine Requirements

On October 25, 2021, the Equal Employment Opportunity Commission updated its guidance document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, to address religious objections to COVID-19 vaccine mandates. In a new section to the guidance, the EEOC draws upon previously-existing guidance for religious exemptions generally. While […]

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Mandating Vaccination Mandates? What Biden’s COVID-19 Action Plan Means for Employers

On September 9, 2021, President Biden issued COVID-19 Action Plan that, among other things, (1) directs the Occupational Safety and Health Administration to issue an Emergency Temporary Standard requiring employers with 100+ employees to mandate vaccinations or weekly testing for their workforce; (2) requires those larger employers to provide paid time off to get vaccinated […]

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D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees

A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S. Court of Appeals for the D.C. Circuit. In September 2019, the National Labor Relations Board […]

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Again? What Employers Need to Know About OSHA’s Latest Update to Its COVID-19 Workplace Guidance

Trying to stay on top of federal workplace guidance on COVID-19 is confusing and challenging for employers, and the Occupational Safety and Health Administration (OSHA) has just changed the playing field again – although the new guidance is intended to conform with the Center for Disease Control and Prevention’s (CDC) recently-revised recommendations for fully-vaccinated individuals […]

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New NLRB General Counsel Signals Major Changes Ahead

On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays out a clear agenda…on some priorities of the Office of the General Counsel.” The memo directs NLRB field offices to submit cases addressing […]

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U.S. DOJ States that Emergency Use Authorization Does Not Preclude Vaccine Mandates

The U.S. Department of Justice (DOJ) has released an opinion (originally prepared on July 6, 2021 for the Deputy Counsel to the President) definitively stating that the Emergency Use Authorization (EUA) statute, under which current COVID-19 vaccines were approved by the Food and Drug Administration (FDA), “does not prohibit entities from imposing vaccination requirements” including […]

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President Biden Issues Challenging Executive Order Seeking to Ban or Limit Non-Competes, Occupational Licensing Requirements, and Wage-Sharing

On July 9, 2021, President Biden signed a wide-ranging Executive Order intended to promote competition in the American economy. The E.O. contains 72 initiatives across the whole of government, several of which have a direct employment impact – specifically on non-compete agreements, occupational licensing requirements, and wage-sharing activities between employers. In a fact sheet, the […]

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