The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers. The IFR requires covered staff to be fully vaccinated against COVID-19 by January 4, 2022, or have received an approved religious or medical exemption or
Patricia Anderson Pryor
Patricia Anderson Pryor is the office managing principal of the Cincinnati, Ohio, Dayton, Ohio and Louisville, Kentucky offices and is also a client solutions leader of Jackson Lewis P.C. Patty is an experienced litigator in both state and federal courts, representing and defending employers in nearly every form of employment litigation, including class actions.
OSHA Issues Emergency Temporary Standard Requiring COVID-19 Tests or Vaccinations for Most Employers
Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100 employees. Employers must comply with many of the requirements within 30 days and begin required testing within 60 days of the November 5, 2021,…
President’s Path Out of the Pandemic Adds Hurdles for Employers
On September 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan . The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers across the country. Read more about these new obligations.
Federal Contractors Must Comply with New COVID-19 Vaccine Mandates for On-Site Employees
Federal contractors are being contacted by their contracting agencies about implementing requirements relating to President Joe Biden’s mandate that all federal employees and on-site contractor employees either be vaccinated against COVID-19 or face repeated testing, and comply with strict social distancing and masking requirements. Read more about these new requirements and next steps for federal…
To Mandate or Not To Mandate: Department of Justice Weighs In on Vaccination Mandates
Can employers mandate vaccines? The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks.
On July 26, 2021, the OLC issued an opinion (dated July 6, 2021) stating that the COVID-19 vaccinations’ Emergency Use Authorization (EUA) status under the Food,…
Mask On? Mask Off? Mask On? What Employers Need to Know About The New CDC Guidance
The CDC is now recommending that everyone – including fully vaccinated individuals – wear masks in indoor public settings in all areas with substantial and high transmission of the COVID-19 virus and get tested following exposure to someone with suspected or confirmed COVID-19. The new CDC guidance also recommends universal indoor masking for all teachers,…
New Ohio Law Restricts Ability of Public Schools, Colleges to Mandate COVID-19 Vaccinations
Public schools and universities are barred from requiring vaccines that have not received full U.S. Food and Drug Administration (FDA) approval under Ohio House Bill 244 (HB 244), signed by Governor Mike DeWine on July 14, 2021. The new law goes into effect on October 13, 2021. Read more about this new Ohio law here
OSHA COVID-19 Emergency Temporary Standard Effective, With Enforcement Delays
After releasing an Emergency Temporary Standard (ETS) for COVID-19 for healthcare employers on June 10, 2021, the Occupational Safety and Health Administration (OSHA) has announced that it is publishing the ETS in the Federal Register on June 21, 2021. The publication gives the ETS immediate effect, but most elements of the ETS will not be…
Incentives: From Water Bottles to “Not so Substantial”
For years (and I do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement on the topic, this time related to incentives for COVID-19 vaccinations.
The ADA prohibits employers from requiring medical examinations or…
EEOC UPDATES ITS GUIDANCE ON VACCINATIONS
Just as you may have been preparing to settle into a relaxing Memorial Day Weekend, the EEOC issued additional informal guidance today concerning COVID-19 vaccination issues. Although there are still many holes to be filled, and employers continue to be left with incomplete guidance, here are some initial highlights and observations:
MANDATING THE VACCINE
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