Healthcare
Employers, Don’t Forget About the Flu!
Prior to the COVID-19 pandemic, many employers did not have flu-specific policies and procedures (healthcare employers being one significant exception). However, seasonal flu can be a serious and dangerous illness, and employers should not treat it lightly. Many of the lessons we collectively learned from COVID-19 are equally applicable to the flu. And employers should…
Read MoreWith Flu Season Upon Us, OSHA Signals That Employers Should Continue To Encourage Vaccination For Their Workforces
With concerns of infectious disease at the forefront of workplace health and safety in the past several years, and with the traditional flu and cold season upon us, OSHA has reminded the regulated community to prevent the spread of infectious diseases during the holiday season by encouraging its workforce to get the flu vaccine .…
Read MoreShould Your Workplace Require Flu Shots?
The U.S. Centers for Disease Control and Prevention (CDC) recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The flu season typically runs between October and May with a peak in January and February,…
Read MoreNew Frontier in COVID-19 Vaccine Litigation
Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates. Here we take a closer look at issues companies are facing more than two years into the pandemic, and how you may help your business…
Read MoreEmployer’s Failure to Time Provide COBRA Election Notice Results in Retroactive Coverage and Penalties
In Buford v. General Motors, L.L.C., case number 4:16-CV-14465-TGB-MKM, the U.S. District Court of Michigan ruled that General Motors violated COBRA election notice requirements when it failed to timely provide an employee with a COBRA election notice upon his retirement. As a result, General Motors was subject to statutory penalties due to violating federal law.…
Read MoreFederal Court Puts OSHA’s Emergency COVID Vaccination Mandates on Hold, But Private Employers Must Still Consider Next Steps
What You Should Know OSHA issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate COVID-19 vaccinations or regular testing for employees that do not choose to vaccinate. The Fifth Circuit Court of Appeals rendered the ETS unenforceable by issuing a temporary stay, which it subsequently reaffirmed and which OSHA…
Read MoreHSA Distributions Reached ‘All-Time Low’ in 2020, EBRI Report Says
The average individual contribution to health savings accounts fell between 2019 and 2020, while average annual distributions fell to an “all-time low” last year, according to an Employee Benefit Research Institute report published this month. Both trends may have been driven by the pandemic in some way, EBRI said. HSA owners may have reduced contributions as unemployment…
Read MoreFDA Approval of Pfizer-BioNTech Vaccine Provides Cover for Employer Mandates
In a milestone for the public health response to the ongoing pandemic, regulators from the U.S. Food and Drug Administration issued Monday full approval of the first COVID-19 vaccine. The two-dose mRNA vaccine produced by Pfizer and BioNTech has been available to individuals 16 years of age and older under the FDA’s emergency use authorization since…
Read MoreEmployers React to Workers Who Refuse Vaccination as COVID-19 Cases Rise
As mandatory COVID-19 vaccines become more widespread, many employers are asking what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine and others are requiring unvaccinated employees to submit to weekly testing and take other safety precautions. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that…
Read MoreTo 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,…
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