There is a growing argument that there should be three types of people considered under COVID-19 protocols: unvaccinated, vaccinated, and previously infected. This argument claims that because they were infected, they have the antibodies similar to vaccinations, and in certain studies, better protected than those who are vaccinated.
As we wait for the OSHA guidance detailing how employers (over 100 in employment) can implement mandated vaccination for employees, employers need to keep in mind how they require vaccination and testing may impact proper pay for non-exempt employees.
U.S. Department of Health & Human Service (HHS) issued additional guidance concerning how HIPAA rules intertwine with the COVID environment. The guidance provides greater clarity to employers as to when HIPAA does and does not apply in various situations. The following is a rundown of the guidance.
Monday started the U.S Supreme Court's new year. Though it has some incredibly impactful cases in other areas of the law, it marks the start of this year’s docket looking at four workplace law questions.
Back in June we were gearing up for the new identifier redaction policy that was to go into effect in Michigan on July 1st. This policy would have caused dates of birth to be redacted from court records before those records could be provided to the public. It would also have prohibited court clerks from using date of birth in searches and from verbally verifying dates of birth.
Last week, President Biden directed OSHA to issue an Emergency Temporary Standard (ETS) that will require all employers with 100 or more employees to ensure that their employees are either fully vaccinated or that the unvaccinated employees produce a negative test weekly before coming to work. The ETS will also require these employers to provide paid time off for their employees to get vaccinated or to recover if they are “under the weather post-vaccination.”
The CDC's updated guidance suggesting facial coverings be worn in "public indoor settings" adds a new but hopefully surmountable barrier to returning the workforce to the office. The latest guidance has frustrated some employers who are attempting to develop sensible policies to return their workforce to offices.
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