During the current pandemic, employers are constantly balancing business goals, safety needs and employment laws. Now that vaccines are becoming available, employers are evaluating whether to require vaccination of employees. From an employment-law perspective, there are multiple considerations, as summarized in one of our recent updates [Can, and Should, Employers Require that Employees be Vaccinated for Covid-19?]. The Equal Employment Opportunity Commission (EEOC) recently published additional guidance to employers about how to respond when an employee objects to being vaccinated based upon the employee’s disability or religion.
On December 9, 2020, the U.S. Court of Appeals for the Fourth Circuit found that a former employee did not meet the definition of a “qualified individual” to afford protection under the Americans with Disabilities Act (ADA) because of her failure to comply with a valid safety requirement for her position.
David Dubberly, head of the firm’s employment and labor law practice group, spoke to Columbia’s WIS-10 for their segment “VACCINE FAQ: Can your boss require you to get the COVID-19 vaccine?
Thank you to everyone who participated in Nexsen Pruet’s 2020 Employment and Labor Law Final Exam. We hope the exam was challenging and informative. You will find the answers below each questions.
The piece details the challenges employers will face in the coming months as the COVID-19 vaccine becomes more widely available, with Dubberly discussing if and how employers can require their employees to get the vaccine.
As the U.S. Food and Drug Administration (FDA) prepares to authorize two COVID-19 vaccines for use, employers are asking if they can, and should, require that employees be vaccinated.
As we come to the end of what will go down as a crazy year for HR professionals, it’s time to take a break and have some fun with Nexsen Pruet’s annual employment and labor law final exam. How well do you know employment and labor law? Can your knowledge win you a fabulous prize? Take the exam and find out!
U.S. Citizenship and Immigration Services is wrapping up a comment period regarding a proposed, substantial change to the H-1B nonimmigrant visa program.
When an employee’s student loan becomes the employer’s problem
Over the past 10 years, there have been several significant changes related to how federal courts handle alleged religious discrimination. Catching up to those changes, this week the Equal Employment Opportunity Commission (EEOC) issued draft guidance covering important issues such as the balance of religious expression and LGBT anti-bias protections.
With the holidays fast approaching, many employers are due for a refresh on how and when to provide religious accommodations to their employees. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of religion.
COVID-19 cases in the United States have been increasing rapidly in recent weeks, and the surge is expected to continue into the winter. On Nov. 10, 2020, the rolling seven-day average of confirmed cases was at an all-time high. Almost 62,000 individuals are hospitalized for COVID-19, the most since the pandemic began. Fatalities from COVID-19 are widely anticipated to rise in the coming weeks.
Gov. Gavin Newsom signed AB 2257 into law on September 4, 2020, which went into effect immediately upon signature and focuses largely on expanding and/or clarifying the exemptions to the ABC test under AB 5
The Americans with Disabilities Act (ADA) has always been important for employers, and it has become increasingly so as the unprecedented COVID-19 pandemic continues to impact workplaces and businesses across the country and globe. A recent decision by the U.S. Court of Appeals for the Fourth Circuit provides additional guidance and contours regarding the ADA— and it reaffirmed the basic principles surrounding the reasonable accommodation process under the Act.
As hospitals and healthcare providers/systems (collectively, “Healthcare Providers”) across the nation have been reacting to spiking COVID-19 cases, an increased, imminent cybercrime threat targeting Healthcare Providers has emerged—ransomware. Ransomware is a distinct type of malware (malicious software) that attempts to deny victims access to their data until a ransom is paid.