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Workplace Safety Vaccinations

Parker Poe Adams & Bernstein LLP

Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

Ius Laboris on

The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Mintz - Employment Viewpoints

The CDC Issues New COVID-Related Guidance: What This Means for Employers

For the first time since 2021, the Center for Disease Control and Prevention (CDC) issued new guidance relaxing the quarantine requirements for COVID-19.  The new guidance is the result of fewer COVID-related deaths and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Rejects Anti-Vaccine Case Appeal

On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more

Dickinson Wright

No Vaccine, No Employment? Know Your State Law

Dickinson Wright on

The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several...more

K&L Gates LLP

2023 Health Care Employment Law Year in Review

K&L Gates LLP on

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address...more

Steptoe & Johnson PLLC

Navigating the ‘Tridemic’: Employer Considerations in Mandatory Vaccination Policies

Steptoe & Johnson PLLC on

Employers worried about the safety of employees and clients, especially during the annual flu season, have moved toward implementing vaccination policies in the workplace. At the time of this writing, health officials are...more

Bennett Jones LLP

Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

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In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid...more

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

The New Texas Law on Vaccination Mandates: What Changes Do Employers Need to Make Now?

Effective February 6, 2024, a new Texas law prohibits private employers from adopting or enforcing a mandate requiring an employee, contractor, or applicant to be vaccinated against COVID-19 as a condition of employment....more

Epstein Becker & Green

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

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On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine....more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

Littler on

In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Kohrman Jackson & Krantz LLP

Current Considerations About COVID-19 in the Workplace

The COVID-19 Public Health Emergency officially ended on May 11, 2023, when the Department of Health and Human Services allowed the federal Public Health Emergency for COVID-19 to expire, but people are still getting...more

Seyfarth Shaw LLP

Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

Seyfarth Shaw LLP on

Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must...more

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

Federal Courts in Wisconsin and Kentucky Issue Decisions in Favor of Employers Facing COVID-19–Related Legal Issues

In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements....more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Epstein Becker & Green

As COVID-19 Public Emergency Ends, So Do Vaccination Mandates

Epstein Becker & Green on

The federal government’s announcement that the COVID-19 public health emergency (“PHE”) declaration would end on May 11, 2023 marked the end of various federal mandates and benefits. The Centers for Disease Control’s...more

Nelson Mullins Riley & Scarborough LLP

Some Post-COVID Clarity: Important California Updates on Third-Party Liability, Outbreak Definitions, and Employer Vaccine...

Despite all attempts to put the COVID-19 public health emergency in the rearview mirror, the virus is not entirely gone, and the pandemic was not long ago, at least in the law’s long memory. We can reasonably assume we are...more

Seyfarth Shaw LLP

Spike in Religious Discrimination Charges Stemming from COVID-19 Vaccine Mandates Fuels Increase in EEOC Charges

Seyfarth Shaw LLP on

Seyfarth Synopsis: Each Fiscal Year (“FY”), the Equal Employment Opportunity Commission (“EEOC”) releases data on the number of charges it receives from applicants and employees. This data is noteworthy as it reflects the...more

Maynard Nexsen

Sun Sets on CMS Mandatory Vaccination Requirement for Affected Healthcare Entities

Maynard Nexsen on

After nearly three years of navigating the most widespread public health crisis since the 1918 influenza pandemic, the Centers for Medicare and Medicaid Services (“CMS”) has withdrawn its mandatory vaccination and testing...more

Littler

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

Littler on

An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

Littler

CMS Withdraws COVID-19 Vaccine Mandate

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In conjunction with the Biden administration’s declaration that the COVID-19 national public health emergency ended effective May 11, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it would “soon end”...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from May 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

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