On January 13, 2021, the United States Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (the ETS) regarding COVID-19 vaccination and testing in the workplace. The ETS generally required covered employers to have either a mandatory COVID-19 vaccination policy or a policy where unvaccinated employees undergo weekly testing and wear
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The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates.
OSHA is issuing a Vaccination and Testing Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to get their employees vaccinated by Jan. 4. Unvaccinated employees will have to produce a negative test on at least a weekly basis.
CMS is requiring workers at healthcare facilities that participate in Medicare or Medicaid to be fully vaccinated by Jan. 4. The rule covers approximately 76,000 healthcare facilities and more than 17 million healthcare workers.
The Fact Sheet also announced that the Dec. 8 deadline for compliance with Executive Order 14042’s vaccination mandate for federal contractors would be extended to Jan. 4. The guidelines released Sept. 24 by the Biden administration paints federal contractors with a broad brush, stating that employees who work in human resources, billing, legal review and perform work “in connection with a Federal Government contract” must be vaccinated.
The article can be read here: Wellness Programs as Alternative to Employer Vaccine Mandates
Join Winstead attorney, Taylor White along with BOMA as they discuss bringing the future of medical real estate into focus. On Tuesday, November 2, Taylor will participate on the panel titled ‘The Financial, Legal and Operational Impact of the new SOHA Guidelines.’
Date: Monday, November 1 – Wednesday, November 3, 2021
Location: Omni Dallas Hotel
Winstead hosted a webinar entitled “Returning to Work: Employer Considerations.” The event, which was presented by Winstead shareholder Taylor E. White, explored the challenges associated with returning to an in-person setting in the wake of the ongoing COVID-19 pandemic. During the webinar, Taylor discussed how organizations can minimize legal exposure and the best practices…
Aug 31, 2021 | 12:00 PM CT
In this presentation, we will discuss legal risks and best practices to mitigate the same associated with returning to in-office work amidst the ongoing COVID-19 pandemic. More specifically, we will analyze potential pitfalls, requirements, and considerations for employers under the Occupational Safety and Health Administration regulations, Americans with…
Winstead PC Shareholder Taylor White published his column in Texas Lawyer about labor and employment issues and trending topics. The article is titled ‘Employers Get Clarity on Mandatory COVID-19 Vaccination Policies in the Workplace.’ The article is below:
For months, employers and employment attorneys have navigated a number of considerations and governmental guidance documents regarding COVID-19 vaccinations in the workplace. A key question has been whether employers can implement policies requiring employees entering the workplace to be vaccinated against COVID-19. Notwithstanding the business consideration of whether such policies should be implemented, the consensus among practitioners has been that mandatory COVID-19 vaccinations in the workplace are legally permissible. Two recent developments have generally confirmed that consensus: the Equal Employment Opportunity Commission’s May 28, 2021, updates to its technical assistance guidance, and a recent federal court order dismissing claims brought by employees against their employer based on the employer’s mandatory vaccination policy.
Winstead PC Shareholder Taylor White published the second article for his column in Texas Lawyer about labor and employment issues and trending topics. The article is titled “OSHA Emphasizes Enforcement Effort for COVID-19 Hazards in Certain Industries.” The article is below:
Throughout the pandemic, the Occupational Safety and Health Administration (OSHA) has faced criticism that it was not doing enough to protect America’s workers from COVID-19 hazards. Then, on Feb. 25, the U.S. Office of the Inspector General, the watchdog for the U.S. Department of Labor, issued a report, observing that “there is an increased risk that OSHA is not providing the level of protection that workers need at various job sites.” OSHA is focused on changing that perception in the coming months.
Winstead PC Shareholder Taylor White published the first article for his column in Texas Lawyer about labor and employment issues and trending topics. The article is titled “Best Practices and Considerations for Employers Regarding the COVID-19 Vaccine in the Workplace.” The article is below:
“With states individually rolling out the COVID-19 vaccine to residents, employers are, and should be, beginning to consider their options with respect to employee vaccinations. The Centers for Disease Control and Prevention (CDC) has previously recommended giving the COVID-19 vaccine in phases initially, as it relates to employees: (1) health care employees; then, (2) frontline essential employees, such as education workers, manufacturing workers, first responders, and food and agricultural workers; and then, (3) other essential workers, such as construction workers, finance workers, and transportation and logistics workers. Of course, ‘the goal is for everyone to be able to easily get a COVID-19 vaccine as soon as large quantities are available.’
Taylor White recently presented for Winstead’s ‘Healthcare Employer Roundtable – Best Practices and Considerations for Employers Regarding the COVID-19 Vaccine in the Workplace’ virtual event. During the presentation, Taylor discussed how employers in the healthcare space are faced with a unique set of challenges …
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