On December 2, 2021, President Joe Biden made comments announcing the White House’s plan for combating COVID-19 and the emerging new variant, Omicron. As part of the nine-step plan, President Biden announced an initiative that would require private health insurers to reimburse covered individuals for the cost of at-home COVID-19
Archives for December 10, 2021
Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1, 2022
On January 1, 2022, Philadelphia’s ordinance, titled, “Prohibition on Testing for Marijuana as a Condition for Employment,” Phila. Code § 9-5500, et seq., will take effect. The ordinance—which was passed by the Philadelphia City Council on April 22, 2021, and signed into law by Mayor Jim Kenney on April 28,
The Latest Report on Court, State, and Local Activity Concerning Vaccine Mandates
The last four to six weeks have been a whirlwind for private employers across the country. Federal vaccine mandates and regulations have been enacted, and then enjoined, and additional states have limited the ability of private employers to mandate vaccination, or even to verify an employee’s vaccination status. With
Could cities now mandate vaccines for private employers?
Devjani Mishra talks about the enforceability of New York’s new vaccine mandate for all private-sector employees.
InBusiness Madison
NYC Shot Mandate Built to Withstand Suits, Lawyers Say
Devjani Mishra discusses enforcement of New York’s new vaccination mandate for all private-sector workers.
Bloomberg Law
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Back to Basics: New York State Mandates Masks in Indoor Public Places
On December 10, 2021, New York Governor Kathy Hochul announced that face masks must be worn in all indoor public places in New York State, effective December 13, 2021. This measure was taken in response to a notable surge in COVID-19 cases and hospitalizations statewide, attributable to colder weather,
New York City to impose COVID vaccine mandate on all private-sector workers
Devjani Mishra discusses the enforceability of a strict New York mandate that will require all private sector workers in the city to be vaccinated against COVID-19.
Financial Times
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Court confirms unions must challenge vaccination policies before labour arbitrators
Rhonda Levy and Monty Verlint discuss an Ontario Supreme Court decision that confirmed that unionized employees will not easily obtain injunctions to restrain employers from suspending or terminating unvaccinated employees before their mandatory vaccination policies can be challenged in the grievance process.
Human Resources Director Canada
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As OSHA mandate-or-testing rule's first deadline arrives, court leaves employers in limbo
Alka Ramchandani-Raj talks about the lack of precedent and uncertainty surrounding OSHA’s mandate-or-testing rule and its deadlines as it remains temporarily blocked by the courts.
The Business Journals
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Beltway Buzz, December 10, 2021
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”
A female applicant applies for a position that was widely advertised. During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar work for $125,000. Has the employer violated the federal Equal Pay Act?
It’s Almost the End of 2021. Do You Know Where Your Healthcare Dollars Go?
The CAA Transparency Rules Will Let Plans and Participants Know. The Department of Labor, Health and Human Services, and the IRS (collectively the Departments) recently released the Interim Final Rules with a request for Comment (IFC), Prescription Drug and Health Care Spending. These rules implement Section 204, Title II, another
Will They or Won’t They? Cal/OSHA Scheduled to Vote on ETS Readoption
The federal OSHA COVID-19 Emergency Temporary Standard (ETS) is currently paused while the Sixth Circuit decides its fate. Similarly, Cal/OSHA had previously postponed its discussions of changes to the state’s COVID-19 ETS to see what would happen with OSHA.
However, time is starting to tick on the current Cal/OSHA ETS,