As we detailed earlier this month, there has been a flurry of lawsuits challenging various federal vaccine mandates.  Litigation around the country aims to challenge the validity of OSHA’s mandatory “vax or test” rule, the CMS mandate for healthcare workers, and the mandate for federal contractors.

The Biden administration’s high-profile vaccination mandate—which requires employees

The Centers for Medicare & Medicaid Services (“CMS”) Omnibus Interim Final Rule (“Final Rule”) takes effect November 5, 2021, and with it comes the requirement that Medicare and Medicaid-certified suppliers, providers, and their staff become vaccinated for COVID-19. As this new rule becomes a new reality, it is essential that all key stakeholders involved understand:

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) published an emergency temporary standard (ETS) that sets COVID-19 vaccination and safety standards for private employers with 100 or more employees.  The ETS creates new obligations for employers, new rights for employees, and generally requires compliance within thirty days.  Here are ten key

As more workplaces consider mandatory vaccination policies, and with OSHA’s Emergency Temporary Standard expected to be released any day now that will further mandate vaccinations for employers with 100 or more employees, the EEOC has updated its guidance on how to deal with religious exemption requests.

Much of the guidance incorporates prior statements from the

With the Delta variant continuing to surge throughout the country, employers have begun to seriously consider mandatory vaccination policies.  On September 9th, we presented a webinar on the topic, pointers of which we will recap below. Shortly after our webinar, the Biden Administration released a COVID-19 Action Plan which combines executive orders with

On August 6, 2021, Acting Governor Susan Bysiewicz issued Executive Order 13B (the “Order”) requiring long-term care facilities to mandate staff members with “direct access” (i.e., physical access) to patients or residents be vaccinated against COVID-19. The Order applies to long-term care facilities, which is defined to include nursing homes, residential care homes, assisted living

As data breaches become a fact of life for both businesses and consumers, barely a news cycle goes by without a story of another successful hack, ransomware, theft of personal data or other data breach. These data breaches are occurring in an environment in which cyber criminals continue to evolve their methods and increase the

On Friday, July 9, 2021, President Biden issued a sweeping executive order that asked the Federal Trade Commission (“FTC”) to develop new regulations that ban or limit noncompete agreements. The request has no immediate impact on existing noncompete agreements, but employers should expect new regulations in the coming months. In the meantime, many questions remain

On June 16, 2021, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Notice of Interpretation titled “The Department’s Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County.”  As anticipated, OCR makes

Today the EEOC published updated guidance to address questions it has received from employers about vaccines in the workplace.  The guidance represents the first substantive update to the rules from the EEOC regarding the pandemic since December 2020.

Specifically, the new guidance states that employers may:

  • Require all employees physically entering the workplace to