By Mike O'Brien Here’s a growing concern for employers over the last couple of years: discovering that an employee has moved from one state to another while working remotely during the pandemic. This situation presents a number of problems and challenges for employers. Imagine the situation where you are a state-based company and hire someone who lives in the state. Unless … [Read more...] about Did your employees move out of state during the pandemic?
Compliance
Supreme court blocks OSHA vaccine mandate, dissolves stay on CMS mandate for healthcare industry
By Mike O’Brien In a 6-3 decision, the U.S. Supreme Court has issued its opinion blocking OSHA’s vaccine mandate for employers with 100 or more employees. The majority ruled on Jan. 13 that OSHA had exceeded its authority when it issued the vaccine mandate, concluding that OSHA has authority only “to set workplace safety standards, not broad public health measures.” The court … [Read more...] about Supreme court blocks OSHA vaccine mandate, dissolves stay on CMS mandate for healthcare industry
Failure to prevent ransomware attacks exposes healthcare providers to costly negligence lawsuits
Custodians of personal health information have become a prime target for ransomware attacks. In addition to fines for HIPAA violations, failure to safeguard patient medical information against these threats can lead to liability under state negligence and gross negligence laws, including within the framework of potentially disastrous class action lawsuits. The recent case … [Read more...] about Failure to prevent ransomware attacks exposes healthcare providers to costly negligence lawsuits
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your medical office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the … [Read more...] about What to do if an employee defies your mandatory vaccination policy
Feds crack down on telemedicine and COVID-19 fraud
Telemedicine was a minor but growing blip on the enforcement radar before the public health emergency. But with the dramatic step up in utilization during the COVID-19 pandemic, it was all but inevitable that schemes involving telemedicine fraud would command more of the Department of Justice’s attention. So, the agency’s September announcement of its latest nationwide … [Read more...] about Feds crack down on telemedicine and COVID-19 fraud
New technical guidance on religious exemptions to vaccination
By Mike O’Brien EEOC Issues New Technical Guidance on Religious Exemptions to Vaccine Mandates On Oct. 25 the Equal Employment Opportunity Commission (EEOC) issued new updates to its Covid-19 technical guidance. Specifically, the EEOC seeks to clarify employer obligations and employee rights related to religious exemptions to vaccine mandates. The guidance addresses the … [Read more...] about New technical guidance on religious exemptions to vaccination
Can employers ask applicants, “Are you vaccinated?”
By Lynne Curry You weathered the storm that blew through your workplace when you told your employees they needed to get vaccinated. You read the stories about Delta Air, Chevron, UPS, Goldman Sachs, and other major employers that made full vaccination a condition of employment.1 Like 59% of 1,000 small business owners surveyed, you plan to sidestep future problems by hiring … [Read more...] about Can employers ask applicants, “Are you vaccinated?”
Updates and more updates about vaccine mandates
By Mike O’Brien Given the flurry of recent news reports surrounding COVID vaccine requirements, an update about mandates seems, well, mandatory. Like our readers, the authors of these updates look forward to a happier time, when the most pressing issues in HR law are not all somehow pandemic-related. In the meantime, we will do our best to keep you up to date. OSHA sends … [Read more...] about Updates and more updates about vaccine mandates
5 things to do when implementing a vaccine passport policy at your medical office
Like many other health providers, you might have been undecided about whether to mandate that your employees get the COVID-19 vaccine. However, now that the FDA has fully approved a coronavirus vaccine, namely, the Pfizer BioNTech, you are on much stronger legal ground in requiring that employees get vaccinated. One strategy that may work, especially for offices that aren’t … [Read more...] about 5 things to do when implementing a vaccine passport policy at your medical office
Watch for vaccine mandate and outcome of remote work lawsuit
By Mike O’Brien Watching for OSHA’s new vaccine mandate rule President Joe Biden has instructed the United States Department of Labor Occupational Safety and Health Administration (OSHA) to develop an emergency rule that will require private-sector employers with 100 or more employees to mandate that their employees be vaccinated or receive a weekly negative COVID-19 test. … [Read more...] about Watch for vaccine mandate and outcome of remote work lawsuit