By Mike O'Brien The EEOC recently released updated guidance on the intersection between COVID-19 and major federal employment laws. In particular, the agency explained that COVID-19 may be considered an ADA-protected disability in certain cases. While mild or asymptomatic cases of the illness do not constitute an ADA-protected disability, other more severe cases, including … [Read more...] about EEOC updates guidance related to COVID-19 and ADA
Covid-19
Where we are on vaccines and masks in the workplace
Vaccine roundup The Biden Administration, through Executive Orders and various agencies, has adopted four separate vaccine mandates for (1) employers with 100+ employees (the OSHA ETS), (2) federal contractors, (3) federal employees and onsite contractors, and (4) healthcare employers who receive Medicaid or Medicare reimbursements (the CMS mandate). Except for the CMS … [Read more...] about Where we are on vaccines and masks in the workplace
Hang in there: Most employers say they can endure omicron
A survey of business leaders shows that most shows that most —87 percent—believe their organization would be able to endure an outbreak of the omicron variant of COVID-19. Eighty-six percent of exectives polled by SHRM (the Society for Human Resource Management) in December agreed that existing policies and procedures aimed at stopping the spread of COVID-19 in the … [Read more...] about Hang in there: Most employers say they can endure omicron
A manager tries to hold it all together during Omnicron surge
By Lynne Curry “I’m overwhelmed,” the manager said when he called. “Senior management pressures us to maintain high levels of productivity, but nearly a fourth of our employees call in sick every morning. On our last all-manager Zoom call, our CEO said our productivity is down and made it clear we’re expected to handle our employees’ anxiety and get them refocused on their … [Read more...] about A manager tries to hold it all together during Omnicron surge
Supreme Court to hear challenges to OSHA & CMS vaccination mandates this week
By Mike O'Brien On Dec. 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay of OSHA’s vaccine mandate for employers with 100 or more employees in a split 2-1 decision. Wasting no time, OSHA published a compliance update to provide new deadlines. Covered employers have through Jan. 10, 2022, to adopt and publish a vaccination policy, to ascertain and record employee … [Read more...] about Supreme Court to hear challenges to OSHA & CMS vaccination mandates this week
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your medical office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the … [Read more...] about What to do if an employee defies your mandatory vaccination policy
Are religious exemptions a way out for employees or a tricky challenge for employers?
By Lynne Curry Question: If I’m to believe the stack of religious exemptions on my desk, a miracle unfolded in our company last week. Within days of announcing our mandatory COVID-19 vaccination policy, 90 percent of our unvaccinated employees found religion. I’m holding a dozen exemption requests that use an identical phrase, “This mandate directly affects my religious … [Read more...] about Are religious exemptions a way out for employees or a tricky challenge for employers?
Who knew vaccine requirements could be so much fun?
By Mike O’Brien As you might recall, in one of our previous updates we cautioned that implementing workplace-vaccination requirements could be a bit tricky. It turns out, we were right—just ask the federal government. On Nov. 5, the Centers for Medicare & Medicaid Services (CMS) issued an Interim Final Rule regulating healthcare facilities (“Vaccination IFR”). The … [Read more...] about Who knew vaccine requirements could be so much fun?
Will employees resign rather than get vaccinated?
By Lynne Curry Many anti-vax employees threaten to quit when their employers announce they’re considering a vaccination mandate. This shakes the confidence of employers considering vaccination mandates. What’s the truth? Many employees remain vaccine skeptics; more than a third of U.S. adults remain unvaccinated. But do they quit if told their job depends on it? It depends on … [Read more...] about Will employees resign rather than get vaccinated?
Feds crack down on telemedicine and COVID-19 fraud
Telemedicine was a minor but growing blip on the enforcement radar before the public health emergency. But with the dramatic step up in utilization during the COVID-19 pandemic, it was all but inevitable that schemes involving telemedicine fraud would command more of the Department of Justice’s attention. So, the agency’s September announcement of its latest nationwide … [Read more...] about Feds crack down on telemedicine and COVID-19 fraud