News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Reasonable Accommodation Health Insurance Portability and Accountability Act (HIPAA)

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Constangy, Brooks, Smith & Prophete, LLP

Yes, Virginia, COVID-19 Can Be A Disability

From my blog inbox . . . "DEAR ROBIN: I am 8 years old. "Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act. "Papa says, 'If you see it in EMPLOYMENT AND LABOR...more

Holland & Hart - Employers' Lawyers

Making Room for Vaccinated, Unvaccinated Employees Under Same Roof

Question: We aren’t sure we want to permit someone who isn’t vaccinated to work closely with us and are particularly concerned because the unvaccinated employee is sitting next to an enclosed area with a fully vaccinated...more

Harris Beach PLLC

Handling COVID-19 Vaccination Mandates: Federal Agencies Continue to Issue Guidance

Harris Beach PLLC on

In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human...more

Mintz - Employment Viewpoints

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Mintz - Employment Viewpoints

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

Akin Gump Strauss Hauer & Feld LLP

UPDATE: The COVID-19 Vaccine Rollout: What Employers Need to Know

To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more

Littler

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

Sheppard Mullin Richter & Hampton LLP

EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides...more

Foley Hoag LLP

EEOC Updates COVID-19 Guidance, Authorizes Employer Vaccine Incentives

Foley Hoag LLP on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more

Eversheds Sutherland (US) LLP

Summer vaccinations: EEOC releases updated guidance on vaccination incentives 

Just in time for the start of the summer, the Equal Employment Opportunity Commission (EEOC) has provided updated guidance on employer practices relating to COVID-19 vaccinations, including much-needed guidance on vaccine...more

Verrill

COVID-19 Vaccination Incentive Programs: Additional Guidance and Some Comfort

Verrill on

Earlier today the U.S. Equal Employment Opportunity Commission (EEOC) released guidance confirming that employers may offer incentives to employees who voluntarily obtain a COVID-19 vaccination. The guidance (available here)...more

Bracewell LLP

Employer Considerations in Light of Updated CDC Recommendations for Fully Vaccinated People

Bracewell LLP on

On Thursday, May 13, 2021, the Centers for Disease Control and Prevention (CDC) delivered welcome news for vaccinated individuals in the form of revised Interim Public Health Recommendations for Fully Vaccinated People. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Incentivizing (COVID-19) Vaccinations: What Employers Need to Know

As COVID-19 vaccines become available to greater swaths of the population, many employers are considering ways to incentivize employees to get vaccinated. Incentives can take many forms, including extra pay, paid time off,...more

Fox Rothschild LLP

Employment Issues And The COVID-19 Vaccine

Fox Rothschild LLP on

As more individuals become eligible to receive a COVID-19 vaccine, employers need to understand what policies and protocols they can establish in order to ensure compliance with applicable laws and continue to maintain a safe...more

Perkins Coie

Your COVID-19 Vaccine Questions Answered

Perkins Coie on

With multiple states rolling out phased access to COVID-19 vaccines, many employers are considering whether they want to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of...more

Laner Muchin, Ltd.

Incentivizing Employees To Get COVID-19 Vaccinations: Considerations For Employers

Laner Muchin, Ltd. on

As the distribution of COVID-19 vaccines becomes more widespread over the coming months, many employers that are hesitant to mandate vaccines are considering ways to encourage employees to become vaccinated on a voluntary...more

King & Spalding

COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy

King & Spalding on

As COVID-19 vaccines become more widely available and employers contemplate policies that will facilitate returning to the workplace, one important issue is whether employers can require employees to receive COVID-19...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter – December 2020 #2

Seyfarth Shaw LLP on

Oh Happy Day!  Stimulus Is Finally (Almost) Live. The House and Senate are scheduled to vote on a $900 billion pandemic relief package along with a $1.4 trillion measure to fund the government through September 30, 2021. ...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Disability

White and Williams LLP on

The FDA’s emergency use authorization of the Pfizer-BioNTech COVID-19 vaccine and the Moderna COVID-19 vaccine is raising hope across the nation of a return to some semblance of normalcy in the months to come. In light of...more

Holland & Hart - Employers' Lawyers

May Employers Mandate COVID-19 Vaccines?

Given pending anticipated FDA approval of Pfizer’s COVID-19 vaccine, and encouraging vaccine results from Moderna and AstraZeneca, many employers are wondering whether they may legally mandate vaccinations for their...more

Farella Braun + Martel LLP

Coronavirus and the Workplace: Guidance for Employers Resuming Operations

As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more

Pillsbury Winthrop Shaw Pittman LLP

EEOC Publishes Additional Guidance Addressing “Return to Work” Issues and Employee COVID-19 Testing

EEOC FAQs provide additional guidance on complying with Americans with Disability Act requirements while safeguarding against COVID-19 transmission. EEOC greenlights employer-administered COVID-19 testing and temperatures...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Zelle  LLP

DMEC Conference Focuses on Leaves and Reasonable Accommodation

Zelle LLP on

Last week, the Disability Management Employer Coalition held its annual conference in New Orleans. The conference focused on how employers can bring individuals with disabilities into the workplace and manage their needs once...more

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