The Puerto Rico Supreme Court has confirmed that continued employment may be valid consent to mandatory employment arbitration agreements in a matter of first impression. Aponte et al. v. Pfizer Pharmaceuticals, LLC, CC 2018-748, __ D.P.R. __ (Nov. 10, 2021). The 5-3 decision puts to rest any notion that, in Puerto Rico, different rules could apply to arbitration agreements adopted under the Federal Arbitration Act (FAA).
Archives for November 15, 2021
A group of states has sued President Joe Biden and his administration challenging the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) setting COVID-19 vaccination requirements for a range of employees working at Medicare- and Medicaid-certified providers and suppliers.
A private employer’s mandatory COVID-19 vaccine policy does not violate public policy under West Virginia’s common law retaliatory discharge doctrine, a federal judge has held, rejecting an employee’s claim against the employer. McCutcheon v. Enlivant ES, LLC, No. 5:21-cv-00393, 2021 U.S. Dist. LEXIS 216671 (S.D. W. Va. Nov. 9, 2021).
Kellie Thomas comments on the Affordable Care Act’s upcoming reporting requirements in “No Deadline Extensions for ACA Reporting in 2022,” published by SHRM.
Rankings recognize firm’s national and regional accomplishments
Jones Walker LLP is pleased to announce that 23 lawyers in the firm’s New Orleans office were included in New Orleans Magazine’s 2021 Top Lawyers List, an annual ranking of attorneys across various practices in the Greater New Orleans area. The below Jones Walker lawyers were recognized for the specified areas of practice and a complete list is available in the November 2021 issue of the magazine.
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Matthew B. Banocy and Jamie M. Westbrook, Counsels in the firm’s St. Louis office, were named to the 2021 Missouri Rising Stars list by Super Lawyers magazine.
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (the “CMS Rule”) that applies to most healthcare entities that participate in Medicare and Medicaid programs. Subject to a few exceptions, the CMS Rule requires all individuals who work for those entities to be vaccinated against COVID-19. According to CMS, its rule takes priority above other federal vaccination requirements, including those set forth in the new OSHA Emergency Temporary Standard (“ETS”). Additionally, CMS maintains that pursuant to the Supremacy Clause of the United States Constitution, its rule preempts any state or local laws.
On November 12, 2021, the United States Fifth Circuit Court of Appeals affirmed its stay on the Federal Vaccination and Testing Emergency Temporary Standard (VAX ETS) pending what it called “adequate judicial review of the petitioners’ underlying motions for a permanent injunction” and further ordered that Federal Occupational Safety and Health Administration’s (Fed/OSHA) take no steps to implement or enforce the VAX ETS.
A nondiscrimination provision in the $1.85 trillion social policy bill could disqualify some religious organizations, spurring a fight over who can benefit from President Biden’s landmark bill.
Five strategies for managers.
Are you giving people a good reason to stay?
Women are more likely to want to work remotely. But what if it ends up working against them?
More than a year and a half into the Covid-19 pandemic, many American workers are burned out.