Now that COVID-19 vaccines are gradually rolling out, employers are asking if they can – and should – require employees to get vaccinated and are considering what they can do if employees refuse. Given the complexity of navigating federal and state laws, MOUs, personnel rules, and practical considerations, employers should consult legal counsel before creating and implementing a mandatory or voluntary vaccination policy. Our Labor and Employment Law attorneys are assisting California employers regarding all legal issues related to COVID-19 vaccines. Our team provided a webinar on February 3 to address the myriad COVID-19 vaccination issues, including how employers can meet EEOC requirements, increase workplace safety, and minimize risk.
Navigating the Pathways of Vaccine Mandates and Current COVID-19 Litigation Meyers Nave
Employers and entities have begun to institute COVID-19 vaccine mandates and programs, and are now experiencing resistance from some employees and unions. How are employers navigating COVID mandates, resistance, and responses? In the shifting legal landscape, how are employers and entities exploring avenues to keep employees and the public safe? Where do things stand on legal challenges to vaccine mandates?
Join Meyers Nave Chair of First Amendment and Trial and Litigation Practice Groups, Deborah Fox, and Meyers Nave Chair of Labor and Employment and Workplace Investigations Practice Groups, Camille Hamilton Pating, as they provide a webinar to help private and public employers navigate this nuanced legal arena and its complex practical considerations.
The webinar covers:
Types of COVID-19 mandates including public accommodations
Types of resistance to mandates
Current litigation trends
Accommodations and required documentation
COVID-19 Return to Work Plan: Who Returns, When, Where & HowMeyers Nave
As COVID-19 vaccines become more available, bringing employees back to work safely requires a detailed Return to Work Plan. Employers must adapt to ever-changing local, state and national requirements to keep employees, clients, customers, vendors, and the visiting public safe. Meyers Nave Labor and Employment Law Principals Camille Hamilton Pating and Arlene Yang presented a webinar on employers’ frequently asked questions.
The webinar covered:
Determining who returns to work and when, where, and how
Vaccination policy options
Managing workplace safety on a daily basis, including travel, health checks, masks and social distancing, and other requirements
Mandated legal reporting of COVID-19 positive cases
What to do when an employee refuses the vaccine or refuses to return to work
Resources for the evolving hybrid workplace
Avoiding the types of employment litigation claims most likely to arise from the “new normal” workplace
2021 Employment Law Update - Public/Non-Profit EmployersMeyers Nave
Meyers Nave invites you to view our Employment Law Update webinar. Among other topics, we will discuss:
COVID-19 Health and Safety Issues: COVID-19 notification requirements (AB 685), new Cal/OSHA regulations, workers’ comp changes (SB 1159), and vaccines in the workplace (Law360 recently reported that “in-house legal professionals overwhelmingly cite employment liability as the biggest legal risk they're facing related to the global health crisis, with many readying themselves for employment litigation they believe is in the pipeline.”)
Equity in the Workplace: new pay data reporting requirements (SB 973), new FEHA regulations, and diversity training
Compensation and Wage and Hour: amendments to the AB 5 independent contractor law (AB 2257 and Prop. 22), Right of Recall ordinances, and new wage and hour developments
Leave, Benefits and Accommodations: expanded leave (SB 1383, AB 2017) and COVID-19 leave (AB 1867)
2021 Employment Law Update - Public Entity EmployersMeyers Nave
Meyers Nave invites you to view our Employment Law Update webinar for practical advice on how to comply with new requirements that California employers need to know in 2021.
Among other topics, we discuss:
COVID-19 Health and Safety Issues: COVID-19 notification requirements (AB 685), new Cal/OSHA regulations, workers’ comp changes (SB 1159), and vaccines in the workplace (Law360 recently reported that “in-house legal professionals overwhelmingly cite employment liability as the biggest legal risk they're facing related to the global health crisis, with many readying themselves for employment litigation they believe is in the pipeline.”)
Equity in the Workplace: new pay data reporting requirements (SB 973), new FEHA regulations, and diversity training
Compensation and Wage and Hour: amendments to the AB 5 independent contractor law (AB 2257 and Prop. 22), Right of Recall ordinances, and new wage and hour developments
Leave, Benefits and Accommodations: expanded leave (SB 1383, AB 2017) and COVID-19 leave (AB 1867)
Join us for an Employment Law Update webinar that will provide practical advice on how to comply with new requirements that California employers need to know in 2022.
We will discuss, among other topics:
COVID-19 Health and Safety Issues
Equity in the Workplace
Compensation and Wage and Hour
Leave, Benefits and Accommodations
2022 Employment Law Update | Public Entity EmployersMeyers Nave
Join us for an Employment Law Update webinar that will provide practical advice on how to comply with new requirements that California employers need to know in 2022.
We will discuss, among other topics:
COVID-19 Health and Safety Issues
Equity in the Workplace
Compensation and Wage and Hour
Leave, Benefits and Accommodations
Navigating the Pathways of Vaccine Mandates and Current COVID-19 Litigation Meyers Nave
Employers and entities have begun to institute COVID-19 vaccine mandates and programs, and are now experiencing resistance from some employees and unions. How are employers navigating COVID mandates, resistance, and responses? In the shifting legal landscape, how are employers and entities exploring avenues to keep employees and the public safe? Where do things stand on legal challenges to vaccine mandates?
Join Meyers Nave Chair of First Amendment and Trial and Litigation Practice Groups, Deborah Fox, and Meyers Nave Chair of Labor and Employment and Workplace Investigations Practice Groups, Camille Hamilton Pating, as they provide a webinar to help private and public employers navigate this nuanced legal arena and its complex practical considerations.
The webinar covers:
Types of COVID-19 mandates including public accommodations
Types of resistance to mandates
Current litigation trends
Accommodations and required documentation
COVID-19 Return to Work Plan: Who Returns, When, Where & HowMeyers Nave
As COVID-19 vaccines become more available, bringing employees back to work safely requires a detailed Return to Work Plan. Employers must adapt to ever-changing local, state and national requirements to keep employees, clients, customers, vendors, and the visiting public safe. Meyers Nave Labor and Employment Law Principals Camille Hamilton Pating and Arlene Yang presented a webinar on employers’ frequently asked questions.
The webinar covered:
Determining who returns to work and when, where, and how
Vaccination policy options
Managing workplace safety on a daily basis, including travel, health checks, masks and social distancing, and other requirements
Mandated legal reporting of COVID-19 positive cases
What to do when an employee refuses the vaccine or refuses to return to work
Resources for the evolving hybrid workplace
Avoiding the types of employment litigation claims most likely to arise from the “new normal” workplace
2021 Employment Law Update - Public/Non-Profit EmployersMeyers Nave
Meyers Nave invites you to view our Employment Law Update webinar. Among other topics, we will discuss:
COVID-19 Health and Safety Issues: COVID-19 notification requirements (AB 685), new Cal/OSHA regulations, workers’ comp changes (SB 1159), and vaccines in the workplace (Law360 recently reported that “in-house legal professionals overwhelmingly cite employment liability as the biggest legal risk they're facing related to the global health crisis, with many readying themselves for employment litigation they believe is in the pipeline.”)
Equity in the Workplace: new pay data reporting requirements (SB 973), new FEHA regulations, and diversity training
Compensation and Wage and Hour: amendments to the AB 5 independent contractor law (AB 2257 and Prop. 22), Right of Recall ordinances, and new wage and hour developments
Leave, Benefits and Accommodations: expanded leave (SB 1383, AB 2017) and COVID-19 leave (AB 1867)
2021 Employment Law Update - Public Entity EmployersMeyers Nave
Meyers Nave invites you to view our Employment Law Update webinar for practical advice on how to comply with new requirements that California employers need to know in 2021.
Among other topics, we discuss:
COVID-19 Health and Safety Issues: COVID-19 notification requirements (AB 685), new Cal/OSHA regulations, workers’ comp changes (SB 1159), and vaccines in the workplace (Law360 recently reported that “in-house legal professionals overwhelmingly cite employment liability as the biggest legal risk they're facing related to the global health crisis, with many readying themselves for employment litigation they believe is in the pipeline.”)
Equity in the Workplace: new pay data reporting requirements (SB 973), new FEHA regulations, and diversity training
Compensation and Wage and Hour: amendments to the AB 5 independent contractor law (AB 2257 and Prop. 22), Right of Recall ordinances, and new wage and hour developments
Leave, Benefits and Accommodations: expanded leave (SB 1383, AB 2017) and COVID-19 leave (AB 1867)
Join us for an Employment Law Update webinar that will provide practical advice on how to comply with new requirements that California employers need to know in 2022.
We will discuss, among other topics:
COVID-19 Health and Safety Issues
Equity in the Workplace
Compensation and Wage and Hour
Leave, Benefits and Accommodations
2022 Employment Law Update | Public Entity EmployersMeyers Nave
Join us for an Employment Law Update webinar that will provide practical advice on how to comply with new requirements that California employers need to know in 2022.
We will discuss, among other topics:
COVID-19 Health and Safety Issues
Equity in the Workplace
Compensation and Wage and Hour
Leave, Benefits and Accommodations
Returning to Work after COVID-19: Legal Considerations and Best Practices for...ComplyRight, Inc.
As employers around the country consider when and how to bring employees back to work, they face a multitude of challenges. Can (and should) employees be forced to return? What are the new workplace rules and guidelines for keeping employees safe? How can employers protect themselves from the legal risks introduced by new federal, state and local legislation?
You will learn compliance guidelines, including what to consider in your return-to-work plans, how to keep employees safe and productive in a post-COVID world, and best practices for protecting your organization from pandemic-related employee lawsuits.
[ON-DEMAND WEBINAR] Covid Vaccine & HIPAA: Can Employers To Receive The COVID...Rea & Associates
As the COVID-19 vaccine continues to roll out, understanding how to navigate and conduct neutral conversations in the workplace is becoming a priority. How can you inform your employees about vaccine options, but stay HIPAA compliant and abide by legal limitations? Are you allowed to require employees to be vaccinated? What can you ask your employees about their vaccine history?
Join Rea & Associates and Critchfield, Critchfield & Johnston for a free, hour-long webinar, to gain insight about the COVID-19 vaccine, employer and employee resources from a human resource and legal perspective, CDC guidelines for continued employee safety, and more!
This informative webinar presented by Renee West, SHRM-SCP, PHR, a senior manager and HR consulting lead at Rea & Associates, and Kimberly Hall, a legal expert with Critchfield, Critchfield & Johnston, Ltd., will address the following points.
What You'll Hear About The COVID Vaccine:
- How mandating a vaccine could impact employee relations.
- Guidance on how to navigate and conduct employee discussions about the vaccination.
- Gain insight on best practices and the legal limitations on mandatory vaccination policies.
- Whether is it legal for employers to mandate that employees receive the COVID-19 vaccine as a condition of employment?
- Employer and employee resources regarding COVID-19 vaccines, CDC guidelines for continued employee safety, HIPAA compliance.
- Additionally, the duo will set aside a significant portion of time to address your specific questions at the end of their formal presentation.
- Changes made to the FFCRA.
If you would like to learn more about this topic or Rea & Associates, visit https://www.reacpa.com.
#COVIDvaccine #HRcompliance #FAQ
COVID-19 Health & Welfare: Compliance for Employersbenefitexpress
As part of our continuing ERISA Compliance series, we covered such compliance topics and more in our April 9th webinar discussing COVID-19 and updates from the IRS and DOL concerning the Families First Coronavirus Response Act.
A Shot in the Arm? Issues Employers Should Consider When Making Decisions Abo...Roetzel & Andress
The arrival of the COVID-19 vaccine has sparked optimism amongst employers, but questions and the possibility of unintended consequences come along with it. This presentation discusses the ability and wisdom of mandating the vaccine for your employees, the statutory constraints on doing so, and options for your workplace.
While most press reports, public policy debates and lawsuits have centered on business interruption insurance, state workers compensation systems and the insurance products underlying them have been adjusting to the COVID-19 crisis.
A Paradigm Shift: Work, COVID-19 & OSHA
A 2021 OSHA Update - September 2021
Originally Done September 2020
By
Tom Fitzgerald, MSOB, PHR
OSHA Outreach Instructor 29 CFR 1910
Safety Advocate and Coach
Safety Fitz LLC
Covid19 guidance for multiemployer plans and labor unions webinarWithum
COVID-19 Guidance: Multiemployer Plans and Labor Unions
In this webinar we talk about how COVID-19 is impacting Multiemployer Plans and Labor Unions, including relief programs and FAQs
Webinar: Mid-Year Election Changes for Cafeteria Plansbenefitexpress
Let's talk about cafeteria plans. When can participants make election changes?
While cafeteria plans can be a great option for employees wishing to pick and choose benefits based on cost, when and how to facilitate election changes outside of open enrollment can be tricky to navigate for employers. As the use of cafeteria plans continue to grow, we take a deeper look at the rules and regulations of these plans, particularly as they pertain to mid-year election changes.
The Impact of Communicable Diseases, Including Coronavirus, on the Workplace ...Financial Poise
When it comes to dealing with communicable disease-related issues within the workplace, planning is everything. What kinds of things might an employer do to lessen the impact of a communicable disease disaster on their business? Join this panel of experts as they explore these topics: (1) FFCRA-eligibility, hardship waivers, benefits required; (2) Increased employer medical screening, testing & temperature taking; (3) Managing remote work, how to assess eligibility for remote work (job descriptions, accommodations, electronic access); (4) Workplace communication--HIPAA, privacy, etc.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/the-impact-of-communicable-diseases-on-the-workplace-2020/
Medicare & Employer Health Coverage - a Coordination Conversationbenefitexpress
Let's talk about Medicare and Employer Health Coverage. The rules on coordinating Medicare and employer coverage can be complex. How it complements other programs (such as COBRA, HSAs and the ACA) are also areas of question for both employees and their employers.
Enterprise Risk Management & Cybersecurity: Is Your Health Plan Ready?Epstein Becker Green
From Epstein Becker Green and EBG Advisors: Policy & Legal Trends Impacting Health Care Investment - for more information, please visit http://www.ebglaw.com/PEdownloads
Fisher phillips vaccine ets summary and action plan 11.18.21provizion
Path out of the Pandemic
• President Biden’s strategy to combat COVID-19
• Includes vaccine mandates for federal contractors and many healthcare
workers;
• Requiring all employers with 100+ employees to ensure their employees are
vaccinated or tested weekly;
• Requiring employers to provide paid time off to get vaccinated.
• Encourage Boosters – Pfizer boosters for all next week.
Top Health Care Regulatory Trends: New Risks and OpportunitiesEpstein Becker Green
From Epstein Becker Green and EBG Advisors: Policy & Legal Trends Impacting Health Care Investment - for more information, please visit http://www.ebglaw.com/PEdownloads
Since March, PYA experts have closely tracked and carefully evaluated the pandemic’s impact on employed physician compensation. During this complimentary one-hour webinar, PYA Principals Angie Caldwell and Martie Ross highlighted five immediate considerations for hospitals and health systems to manage the storm. They also explored five longer-term considerations impacting future planning.
This webinar took place Friday, July 24, 2020, at 11 a.m. EDT, and was held in conjunction with:
Dallas-Fort Worth Hospital Council
Florida Hospital Association
Kansas Hospital Association
Montana Hospital Association
Legal considerations for employers surrounding the COVID vaccinesEmilyBroadbent1
As we prepare for COVID vaccines to become more widely available, employers will be faced with questions of how to continue keeping their workplace safe and what can be asked of employees. Employers should take these legal considerations into account before implementing vaccine requirements.
Returning to Work after COVID-19: Legal Considerations and Best Practices for...ComplyRight, Inc.
As employers around the country consider when and how to bring employees back to work, they face a multitude of challenges. Can (and should) employees be forced to return? What are the new workplace rules and guidelines for keeping employees safe? How can employers protect themselves from the legal risks introduced by new federal, state and local legislation?
You will learn compliance guidelines, including what to consider in your return-to-work plans, how to keep employees safe and productive in a post-COVID world, and best practices for protecting your organization from pandemic-related employee lawsuits.
[ON-DEMAND WEBINAR] Covid Vaccine & HIPAA: Can Employers To Receive The COVID...Rea & Associates
As the COVID-19 vaccine continues to roll out, understanding how to navigate and conduct neutral conversations in the workplace is becoming a priority. How can you inform your employees about vaccine options, but stay HIPAA compliant and abide by legal limitations? Are you allowed to require employees to be vaccinated? What can you ask your employees about their vaccine history?
Join Rea & Associates and Critchfield, Critchfield & Johnston for a free, hour-long webinar, to gain insight about the COVID-19 vaccine, employer and employee resources from a human resource and legal perspective, CDC guidelines for continued employee safety, and more!
This informative webinar presented by Renee West, SHRM-SCP, PHR, a senior manager and HR consulting lead at Rea & Associates, and Kimberly Hall, a legal expert with Critchfield, Critchfield & Johnston, Ltd., will address the following points.
What You'll Hear About The COVID Vaccine:
- How mandating a vaccine could impact employee relations.
- Guidance on how to navigate and conduct employee discussions about the vaccination.
- Gain insight on best practices and the legal limitations on mandatory vaccination policies.
- Whether is it legal for employers to mandate that employees receive the COVID-19 vaccine as a condition of employment?
- Employer and employee resources regarding COVID-19 vaccines, CDC guidelines for continued employee safety, HIPAA compliance.
- Additionally, the duo will set aside a significant portion of time to address your specific questions at the end of their formal presentation.
- Changes made to the FFCRA.
If you would like to learn more about this topic or Rea & Associates, visit https://www.reacpa.com.
#COVIDvaccine #HRcompliance #FAQ
COVID-19 Health & Welfare: Compliance for Employersbenefitexpress
As part of our continuing ERISA Compliance series, we covered such compliance topics and more in our April 9th webinar discussing COVID-19 and updates from the IRS and DOL concerning the Families First Coronavirus Response Act.
A Shot in the Arm? Issues Employers Should Consider When Making Decisions Abo...Roetzel & Andress
The arrival of the COVID-19 vaccine has sparked optimism amongst employers, but questions and the possibility of unintended consequences come along with it. This presentation discusses the ability and wisdom of mandating the vaccine for your employees, the statutory constraints on doing so, and options for your workplace.
While most press reports, public policy debates and lawsuits have centered on business interruption insurance, state workers compensation systems and the insurance products underlying them have been adjusting to the COVID-19 crisis.
A Paradigm Shift: Work, COVID-19 & OSHA
A 2021 OSHA Update - September 2021
Originally Done September 2020
By
Tom Fitzgerald, MSOB, PHR
OSHA Outreach Instructor 29 CFR 1910
Safety Advocate and Coach
Safety Fitz LLC
Covid19 guidance for multiemployer plans and labor unions webinarWithum
COVID-19 Guidance: Multiemployer Plans and Labor Unions
In this webinar we talk about how COVID-19 is impacting Multiemployer Plans and Labor Unions, including relief programs and FAQs
Webinar: Mid-Year Election Changes for Cafeteria Plansbenefitexpress
Let's talk about cafeteria plans. When can participants make election changes?
While cafeteria plans can be a great option for employees wishing to pick and choose benefits based on cost, when and how to facilitate election changes outside of open enrollment can be tricky to navigate for employers. As the use of cafeteria plans continue to grow, we take a deeper look at the rules and regulations of these plans, particularly as they pertain to mid-year election changes.
The Impact of Communicable Diseases, Including Coronavirus, on the Workplace ...Financial Poise
When it comes to dealing with communicable disease-related issues within the workplace, planning is everything. What kinds of things might an employer do to lessen the impact of a communicable disease disaster on their business? Join this panel of experts as they explore these topics: (1) FFCRA-eligibility, hardship waivers, benefits required; (2) Increased employer medical screening, testing & temperature taking; (3) Managing remote work, how to assess eligibility for remote work (job descriptions, accommodations, electronic access); (4) Workplace communication--HIPAA, privacy, etc.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/the-impact-of-communicable-diseases-on-the-workplace-2020/
Medicare & Employer Health Coverage - a Coordination Conversationbenefitexpress
Let's talk about Medicare and Employer Health Coverage. The rules on coordinating Medicare and employer coverage can be complex. How it complements other programs (such as COBRA, HSAs and the ACA) are also areas of question for both employees and their employers.
Enterprise Risk Management & Cybersecurity: Is Your Health Plan Ready?Epstein Becker Green
From Epstein Becker Green and EBG Advisors: Policy & Legal Trends Impacting Health Care Investment - for more information, please visit http://www.ebglaw.com/PEdownloads
Fisher phillips vaccine ets summary and action plan 11.18.21provizion
Path out of the Pandemic
• President Biden’s strategy to combat COVID-19
• Includes vaccine mandates for federal contractors and many healthcare
workers;
• Requiring all employers with 100+ employees to ensure their employees are
vaccinated or tested weekly;
• Requiring employers to provide paid time off to get vaccinated.
• Encourage Boosters – Pfizer boosters for all next week.
Top Health Care Regulatory Trends: New Risks and OpportunitiesEpstein Becker Green
From Epstein Becker Green and EBG Advisors: Policy & Legal Trends Impacting Health Care Investment - for more information, please visit http://www.ebglaw.com/PEdownloads
Since March, PYA experts have closely tracked and carefully evaluated the pandemic’s impact on employed physician compensation. During this complimentary one-hour webinar, PYA Principals Angie Caldwell and Martie Ross highlighted five immediate considerations for hospitals and health systems to manage the storm. They also explored five longer-term considerations impacting future planning.
This webinar took place Friday, July 24, 2020, at 11 a.m. EDT, and was held in conjunction with:
Dallas-Fort Worth Hospital Council
Florida Hospital Association
Kansas Hospital Association
Montana Hospital Association
Legal considerations for employers surrounding the COVID vaccinesEmilyBroadbent1
As we prepare for COVID vaccines to become more widely available, employers will be faced with questions of how to continue keeping their workplace safe and what can be asked of employees. Employers should take these legal considerations into account before implementing vaccine requirements.
CORD Rare Drug Conference: June 8-9, 2022
Global, International, and National Rare Disease Networks
Canadian Network of Rare Disease Centres of Excellence - Paula Robeson, Children’s Healthcare Canada
Ian Johncox and Stephanie Miner of Mason, Bennett, Johncox law firm deliver a helpful and detailed presentation for employers with questions about workplace vaccine policy for Ontario businesses. What must the employer do? What may the employer do? Formation and implementation of policy, exemptions and more are all covered in this presentation.
The Builder’s Remedy for Housing: What Agencies, Developers, and Advocates Sh...Meyers Nave
“Builder’s Remedy” – two words capturing headlines throughout the State due to the ongoing housing availability and affordability crises.
This webinar will address many aspects of this provision of the Housing Accountability Act and how it relates to the State’s Housing Element requirements, including:
What is the Builder’s Remedy, who can use it, and when can it be used?
What are the limitations to the Builder’s Remedy?
What does this mean for local jurisdictions?
How is the Builder’s Remedy being applied in development applications and litigation?
What's New, What's Changed and What's Next.
Join us for our annual Employment Law Update webinar that provided practical advice on how to comply with new requirements that California employers need to know in 2023.
We discussed, among other topics:
New pay transparency law
New rights to unpaid leave to care for a “designated person”
New law regarding marijuana use off-the-job
COVID-19 updates
Expanded requirements for private employers under the California Consumer Privacy Act
2023 Employment Law Update | Public EntitiesMeyers Nave
Join us for our annual Employment Law Update webinar that will provide practical advice on how to comply with new requirements that California employers need to know in 2023.
We will discuss, among other topics:
New pay transparency law
New rights to unpaid leave to care for a “designated person”
New law regarding marijuana use off-the-job
COVID-19 updates
Expanded requirements for private employers under the California Consumer Privacy Act
SB 9 And The “End of Single Family Zoning” in California: What You Need To KnowMeyers Nave
Governor Newsom recently signed SB 9 into law which takes effect in January 2022, requiring cities and counties to ministerially approve certain two-unit projects and lot splits. Under the law, if a lot split is followed by the development of a two-unit project on each lot, four units could be built on what was previously a single-family residential parcel. The new law allows local agencies to adopt objective standards to govern these types of projects, yet imposes restrictions on what agencies can require, including limits on parking and setback requirements. Additionally, in order to qualify for a two-unit development or lot split, parcels must meet certain criteria under the law.
The practical impact of SB 9 is that local agencies will lose significant local authority related to development of property in single family zoning districts.
Join Meyers Nave on Monday, September 27 at 12:00 p.m. to explore key issues related to SB 9 including:
What parcels qualify for a two-unit development or lot split
Criteria for approving SB 9 projects
Discretion retained by local agencies to restrict and regulate SB 9 projects
The webinar will also cover additional housing legislation signed by the Governor, including SB 8. We will leave ample time for questions and a lively discussion.
Employment Law and Freedom of Speech: What Can and Can’t Employers Do When Em...Meyers Nave
Employees have become increasingly vocal in expressing their political, cultural, and social views on- and off-duty. How can employers protect employee freedoms while maintaining a welcoming workplace, limiting discord and division, and preserving the organization’s values and reputation? These questions have been top-of-mind for employers, as employee self-expression has increased in volume and intensity with recent high-profile movements and events, including #MeToo, Black Lives Matter, and the violent storming of the U.S. Capitol on January 6.
Meyers Nave attorneys Arlene Yang and David Mehretu provided a webinar to help private and public employers navigate this nuanced legal arena and its complex practical considerations.
The Webinar Covers:
First Amendment and employment law
Special concerns of public employers, especially concerning public safety employees
Social media policies
Policies and litigation regarding workplace attire
Collective bargaining and the National Labor Relations Act
California laws prohibiting retaliation for engaging in political activity
Intricacies of internal message boards and discussion groups
Challenges regulating employee self-expression in the work from home environment
Vapor Intrusion Developments and Concerns in CaliforniaMeyers Nave
Vapor Intrusion is the migration of chemical vapors from the subsurface into commercial and residential buildings. Vapors can migrate through soil and into buildings through cracks in foundations, basements, crawl spaces and sewers. In February 2020, the Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board, and the State Water Resources Control Board issued in draft form Supplemental Guidance: Screening and Evaluating Vapor Intrusion which recommends a consistent approach when screening buildings for subsurface vapor risk to occupants and describes a framework for deciding when cleanup and/or mitigation is needed.
The regulated community expected regulators to finalize the long-awaited Guidance, but that may be delayed now that recent studies performed by the DTSC have emerged showing that the Supplemental Vapor Intrusion Guidance may have gone too far in its estimation of risk. The delay may provide some relief to site owners due to concerns that the attenuation factors prescribed in the Guidance were too conservative and would have made it impossible to achieve closure for sites with soil vapor contamination.
Strategies for Obtaining Public Agency Approvals and Minimizing Legal Risks f...Meyers Nave
The two most complex challenges in the development and on-time completion of professional sports facilities are (1) obtaining the myriad of approvals and permits from local, state and federal agencies and (2) defending against a broad range of legal objections that project opponents often pursue in court. These challenges are becoming more complicated as sports facilities are likely to be part of larger mixed-use developments with companion residential, commercial, hotel, entertainment and convention uses.
This presentation covers:
Land use approvals, environmental review, community benefit agreements, public financing, and community outreach
Transportation (parking, public transit, traffic control), noise, and financing
Special legislation to facilitate and streamline sports facility project approvals and environmental review and expedite court challenges to these projects
Strategies for negotiating approvals and agreements with public agencies and the community
Litigation defense strategies that will help keep completion deadlines on track
SB 743 & VMT – CEQA Implementation and Issues for Agencies and DevelopersMeyers Nave
Beginning July 1, 2020, SB 743 requires the analysis of transportation impacts under the California Environmental Quality Act (CEQA) to be based on vehicle miles traveled (VMT) rather than level of service (LOS). This is a significant change in the way transportation analysis traditionally has been conducted under CEQA. The requirement for VMT analysis presents challenging issues for public agencies relating to the adoption and implementation of VMT standards. It will impact how CEQA review is conducted for all types of land use and transportation projects. This webinar addresses how the change to VMT will affect both public agencies and the development community.
On May 21, Meyers Nave Principals Tim Cremin and Shaye Diveley presented a 1 hour webinar exploring the key issues relating to VMT analysis under CEQA, including the following:
Criteria for “screening out” VMT analysis for projects
Standards for establishing VMT significance thresholds for different land uses
Policies, programs and mitigation measures for reducing VMT impacts
Main challenges presented by VMT analysis
Practice pointers for navigating VMT issues
PFAS Update: The “Forever Chemical” in the News, in the Movies and in the CourtsMeyers Nave
Federal regulation of PFAS is increasing and California recently set regulatory standards stricter than the rest of the nation. National attention to the potential environmental and health effects – and associated litigation and liabilities – of PFAS is also increasing due to the recent movie “Dark Waters” and two investigative documentaries titled “The Devil We Know” and “No Defense: the United States Military’s War on Water.”
Meyers Nave Of Counsel Viviana Heger presented a one-hour MCLE webinar that covers the following PFAS topics:
Sources, uses and the ubiquitous presence of PFAS
PFAS toxic tort litigation and state settlements
Compliance with the Federal Safe Drinking Water Act
Strategies to address regulatory actions in California
Recent Congressional activities
EPA’s New PFAS Action Plan and Addition of 160 PFAS to Toxics Release Inventory
California Bills banning PFAS in firefighting foam and expanding water testing for all PFAS
Manufacturers’ and purchasers’ voluntary phase-out programs
Non-liability of public utilities
Source determination and clean up
Next on the horizon: PFAS compounds, bio-solids, and crops
Newsom Issues Three COVID-19 Brown Act Orders: Here’s What He Urgently ChangedMeyers Nave
Governor Newsom recently signed three Executive Orders that changed fundamental limitations and requirements of the Brown Act. He signed Executive Order N-25-20 on March 12, Executive Order N-29-20 on March 17, and Executive Order N-35-20 on March 21. Before everyone had figured out the section of the March 12 order that addressed the Brown Act, parts of that section were withdrawn and superseded by the March 17 order and the remaining parts continued in the March 17 order. And then the March 21 order made more changes – all of which relate to the COVID-19 pandemic.
May Public Officials Block or Regulate Participation on Social Media Accounts?Meyers Nave
Government entities and elected officials are becoming more accessible and connected to the public through social media. The 21st century question is what may they do and not do to regulate the public’s participation on social media accounts? Deborah and Meg will explain how courts are analyzing different social media scenarios and the key factors that public entities and officials must consider when developing policies that govern the use of their social media accounts. They will provide important updates from oral argument on March 26 in the closely watched case of Knight First Amendment Institute v. Trump. In that case, the U.S. Department of Justice is appealing a lower court’s ruling that President Donald Trump’s blocking of critics from his Twitter account is unconstitutional.
California Voting Rights Act - Legal Challenges, Financial Risks and Complian...Meyers Nave
Public agencies across California are facing a wave of demand letters threatening litigation if they do not change their at-large elections (all voters can vote on all candidates) to district-based elections, which requires creating district maps that separate the public entity into defined geographic areas from which that area elects a representative.
Further, if public agencies do not switch to district elections, the California Voting Rights Act (CVRA) allows legal challenges to at-large elections. In those lawsuits, plaintiffs seek to prove that at-large elections dilute the voting strength of a protected class, which has been a low bar to cross. Further, public entities that are unsuccessful in defending a legal challenge to their voting system can be on the hook for paying hundreds of thousands of dollars in their own legal bills as well as those of the victorious plaintiff.
Meyers Nave attorneys Jason Rosenberg and Naree Chan provided a complimentary webinar to help public agencies understand the legal challenges and financial risks they face and, if they choose, how to transition to district-based elections in compliance with both the California Voting Rights Act and the Federal Voting Rights Act. Their webinar covers the pros and cons of at-large vs. district-based elections; legal and financial implications of city challenges to CVRA litigation; Safe Harbor provisions of AB 2123 and AB 350; and, relevant compliance criteria for drawing population maps for district-based elections.
How Do Municipalities Comply with the FCC’s New Rule on Small Cell Wireless D...Meyers Nave
California municipalities are constantly faced with a changing regulatory framework related to the next generation of wireless services, known as 5G, which requires installing vast numbers of small cell equipment. These new networks present completely different local regulatory issues than the 3G and 4G networks of the past, which involved constructing large towers with a coverage range of a few miles. Supporting advanced 4G and new 5G requires telecommunications companies to build thousands of small cells at a faster pace with a far greater density of deployment. Municipalities’ policies and ordinances must keep up with this fast-changing technology.
The FCC recently adopted a new “Declaratory Ruling and Third Report and Order” that interprets provisions of the Telecommunications Act of 1996 to preempt local regulations that effectively prohibit the deployment of small cell wireless infrastructure in local communities. The FCC Ruling includes broad definitions of the types of local regulations that would be presumed to constitute an impermissible effective prohibition of wireless services, and establishes the applicable “shot clock” timelines by which local agencies must take action on small cell deployment applications.
Meyers Nave attorneys Jason Rosenberg and Claire Lai provided a webinar that explains the important new obligations for California municipalities. Their webinar covers rule violation, fees & charges, non-fee requirements, shot clocks, and grandfathering.
Legalized Recreational Marijuana: The New Wild Wild West for Commercial Activ...Meyers Nave
The Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) creates a new licensing and regulatory structure for nonmedical marijuana activities, both personal and commercial. AUMA allows for substantial local control over the regulation of commercial marijuana activities, outdoor cultivation, and public consumption. The webinar focuses on impacts that the new law will have - and already is having - on local governments and private businesses involved in commercial marijuana activities.
The presenters address the myriad of new regulations that cover a range of commercial marijuana activities, including cultivation, manufacturing, testing, distribution, transport, marketing, sales, as well as issues related to taxation, licensing marijuana retailers, and consumption of marijuana in retail establishments. Private businesses and public agencies face equally complex regulatory, compliance, and enforcement challenges in what is expected to be a confusing regulatory environment throughout the state.
Legalized Recreational Marijuana: Land Use and Environmental LawsMeyers Nave
The Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) presents a myriad of land use and environmental issues that will affect cultivators, distributors and other private entities and public agencies. Those issues touch on existing environmental and land use laws as well as new regulations that will be developed at the local and state levels. With regard to land use, AUMA allows local agencies to develop planning and zoning regulations. These regulations will address whether to allow such businesses, where such businesses may locate, and conditions for operating such businesses. The development of these regulations and approval of local permits, and State licensing procedures, are all subject to CEQA.
Further, there is a web of environmental regulations, both existing and soon to be developed, that must be considered and complied with by cultivators, distributors and other private entities and public agencies. Those regulations include water use and water rights, wastewater and wetlands permitting, species protection, and pesticide use, under federal, state, and local laws, including the Clean Water Act, Endangered Species Act, and California Fish and Game and Water Codes.
This webinar focuses on what municipalities can and cannot do through their land use powers to regulate nonmedical marijuana businesses, and strategies that private businesses and local governments can use in the coming months while the State crafts new regulations. The webinar also addresses the complex interplay of federal, state, and local environmental regulations that will affect this new industry.
Legalized Recreational Marijuana: State and Local Tax Implications Under Prop 64Meyers Nave
The legalization of recreational marijuana under the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) is expected to generate hundreds of millions of dollars in additional state and local tax revenues annually. AUMA imposes new state taxes on the cultivation and retail sale of both medical and recreational marijuana and allows local governments to tax recreational marijuana. Approximately 80 municipalities have adopted local taxes related to marijuana and many more are currently in discussions on the topic.
The webinar presenters explain the taxes imposed under AUMA, review the new funds and programs established under the new law, and describe the variety of options and strategies available to local jurisdictions that are interested in placing a marijuana tax on the ballot.
Legalized Recreational Marijuana: Local vs. State Regulation and the Trump Ad...Meyers Nave
The Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") creates a new licensing and regulatory structure for nonmedical marijuana activities and opens the door to a robust industry relating to recreational marijuana use in California. This webinar identifies and discusses lingering issues, both legal and practical, related to the implementation of AUMA.
The presenters address the status of state regulations for commercial nonmedical marijuana activities and discuss their impact on public agencies' ability to exercise local control. Additionally, the presenters cover common issues that have arisen regarding local regulation of marijuana related industries and creative solutions to address those issues. The presenters also review how the Trump Administration's marijuana policy may alter the status quo regarding federal enforcement.
AB 626: What It Means for Public Works Projects and What Public Agencies Need...Meyers Nave
Assembly Bill 626 was signed into law on September 29, 2016 and affects contracts for public works projects entered into on or after January 1, 2017. The Bill creates new requirements for administering the claims process for public works projects in California. Public agencies can now be forced to mediate unresolved claims during construction, and general contractors can file pass through claims against a public agency on behalf of subcontractors. AB 626 also establishes a strict timeline associated with the claim resolution process. The Bill will have a significant impact on how public agencies resolve claims arising from construction projects.
The presenters discuss which public agencies are required to comply with AB 626, the timelines associated with the new claim resolution process, and what language must be included in agencies' project plans and specifications. An overview of AB 626 titled "New Law Requires New Claim Resolution Process for Public Works" is available at meyersnave.com.
California’s New Affordable Housing Laws – Part ThreeMeyers Nave
Governor Brown signed 15 bills into law on September 29, 2017 that are designed to help address California's affordable housing crisis. The approved bills take different approaches to the housing shortage in California, including providing more funding for affordable housing development, streamlining local government approval of housing projects, restoring local government's authority to impose inclusionary housing requirements on private housing developers, and strengthening the state's anti-NIMBY laws.
The new laws have implications and obligations for municipalities, housing related public agencies, and private developers. To help explain the new affordable housing regulatory landscape, Meyers Nave presented a three-part series addressing the most critical issues under the new laws. This presentation focuses on tightening state requirements for local housing including:
-New Housing Element Law Requirements and New “No Net Loss” Requirements – State Tightening Local Accountability for Accommodating Fair Share of Housing Production (AB 1397, SB 166, AB 879, AB 72)
-New Housing Accountability Act requirements – Putting Teeth in State Anti-NIMBY Laws (SB 167, AB 678, AB 1515)
-Accessory Dwelling Unit Requirements – Making Second Units Workable for Homeowners (AB 494, SB 229)
-Do’s and Don’ts for local governments
-How developers can use the new laws to get housing projects approved
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
2. 2
• The information in this
presentation is subject
to change.
• This is an informative
presentation and not
intended as legal advice.
• Please consult with an
attorney for assistance with
a particular issue or problem.
4. 4
Poll #1
What type of vaccination policy
does your organization plan to have?
a) Mandatory
b) Voluntary
c) Incentive plan
d) We won’t have a policy
e) We don’t know yet
5. 5
1. Can you make the vaccine mandatory? Should you?
2. Privacy Issues
3. Analogies
How have vaccinations been treated in
other situations and industries, regulations?
4. Alternatives
-- Education
-- Incentive Programs
5. Practical Considerations
Agenda
6. 6
Where We Are
Many unknowns:
• Can vaccinated individuals
still transmit COVID-19?
• Will the vaccines be effective against
the new COVID-19 variants?
• How long will vaccine immunity last?
• How many people must be
immune to have herd immunity?
8. 8
Is This OK?
After everyone is eligible
and has the opportunity
to get vaccinated, every
employee must show proof
of vaccination to go into
the office or attend events.
9. 9
Food Drug and Cosmetics Act
• Emergency Use Authorization
• Must inform individuals who
receive the vaccine they have
Can employers
discipline employees
who refuse?
FDC&A provides
no guidance
FD&C Act § 564, 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III)
“option to accept or refuse
administration of the product,
of the consequences, if any,
of refusing administration of
the product . . .”
10. 10
Mandatory Program Must
Accommodate Disability, Religion
• December 16, 2020
• EEOC new guidance re: COVID-19 vaccine
• Direct threat from unvaccinated individual
“significant risk of substantial harm to the health
and safety of others that cannot be eliminated or
reduced by reasonable accommodation”
11. 11
Mandatory Program Must
Accommodate Disability, Religion
• Title VII of the Civil Rights Act
– sincerely held religious belief
• Americans with Disability Act
• Reasonable Accommodations
• Interactive Process
• Undue Hardship
13. 13
Check Your MOUs
Meyers-Milias-Brown Act
National Labor Relations Act
Contractual obligations & Exceptions
High numbers of police
and firefighters are
declining vaccination.
If you plan
to implement
mandatory
requirement,
must speak
with unions
immediately.
14. 14
Poll #3
When the COVID-19 vaccine is available to you, will you:
a) Get vaccinated ASAP
b) Wait
c) Get vaccinated only if required for work or school
d) Definitely won’t get it
e) I have already received the vaccine
15. 15
When a COVID-19 Vaccine is Approved and Widely Available
Gostin, Lawrence O., et al. “Mandating COVID-19 Vaccines-Ethical and Legal Considerations.” JAMA, JAMA Network, 29 Dec. 2020, jamanetwork.com/journals/jama/fullarticle/2774712.
35%
40%
9%
16%
Would get it as soon as possible
Would wait
Would only get it if required for work or school
Would definitely not get it
16. 16
Practical Considerations
Will you discipline employees who refuse?
a) Comply with MOUs and due process before corrective action
b) Administrative costs
c) Wage and hour considerations
d) Liability for side effects
e) Limit to specific departments or roles?
f) Litigation and brand risks
18. 18
Is This OK?
? Require unvaccinated employees
to wear a sticker?
? Circulate list of vaccinated
employees?
? Store vaccination record
in personnel file?
20. 20
How Have Vaccinations Been
Mandated in the Past?
• CA public/private schools – mandated for in-person students
– Since 2016, no personal belief exemptions for students
(SB 277 (2016), SB 276 (2019) and SB 714 (2019))
– No teacher mandate
• CA state universities – mandated for students
– Medical exemptions. No personal or religious belief exemptions for childhood
vaccinations. Religious accommodations for flu vaccination.
– As of Nov. 1, 2020, all students, faculty, and staff on UC locations must have flu
vaccine, unless medical exemption, or disability or religious accommodation.
21. 21
How Have Vaccinations Been
Mandated in the Past?
• Hospital employees
• Must be offered, but not mandated:
– Hepatitis B
– Influenza
– MMR (Measles, Mumps, Rubella)
– Varicella (Chickenpox)
• Hepatitis B = Cal. Code Regs. tit. 8, § 5193(f). Employers must
make vaccine available to employees with occupational exposure
24. 24
Vaccine Incentives
• Wellness program with medical
examinations must be voluntary
• Mandatory = 30% health ins. discount
(AARP v. U.S.EEOC, 267 F. Supp.3d 29 (D.D.C. 2017)
• Voluntary = water bottle or gift card
(proposed ADA regs. 29 CFR Part 1630)
https://www.eeoc.gov/regulations/proposed-rule-amendments-regulations-
under-americans-disabilities-act#
• Proceed carefully!
27. 27
Practical Considerations For Vaccinating Your Workforce
Policies, advice and counsel for
implementation
Update your handbook
Train managers and supervisors
Minimize and limit risk
Can you make the vaccine mandatory? Should you?
(a) Food, Drug and Cosmetics Act of 1938
(b) Reasonable Accommodations for Disability, Religion
(c) Wage and Hour Laws
(d) Collective Bargaining Agreements
(e) Practical Considerations
Privacy Issues
Analogies – How have vaccinations been treated in other situations and industries, regulations?
Alternatives – Education
Alternatives – Incentive Programs
Practical considerations
ARLENE:
https://covid19.ca.gov/vaccines/#California-vaccines-dashboard
39.5 million people in California
3.4 million doses
To get the pandemic under control, we are trying to achieve “herd immunity”
According to the CDC:
Community immunity: A situation in which a sufficient proportion of a population is immune to an infectious disease (through vaccination and/or prior illness) to make its spread from person to person unlikely. Even individuals not vaccinated (such as newborns and those with chronic illnesses) are offered some protection because the disease has little opportunity to spread within the community. Also known as herd immunity.
https://www.cdc.gov/vaccines/terms/glossary.html
If a high enough percentage of the population is immune, through vaccination or prior illness, then when someone is infected, they are unlikely to be able to spread it to others, if they are all immune. We don’t yet know what percentage of the population must be immune to achieve herd immunity. The number has been estimated to be from 60 to 85% of the population, or more.
There are still many unknowns:
What proportion of the population must be immune to COVID-19 to have herd immunity?
Can vaccinated individuals still transmit COVID-19?
Will the vaccines be effective against the new COVID-19 variants? – U.K., South African, California, etc.
How long will vaccine immunity last?
(Launch Poll #2)
CAMILLE:
Food Drug and Cosmetics Act
Every person has a right to refuse under the Food, Drug and Cosmetics Act, but the statute provides no guidance on whether an employer can terminate someone who refuses.
The Moderna and Pfizer COVID-19 vaccines were not approved or licensed via the Food and Drug Administration’s (“FDA”) standard approval process. Instead, under the Food, Drug and Cosmetics Act of 1938 (“FD&C Act”), because a public health emergency had been declared, the FDA granted was is known as an Emergency Use Authorization (“EUA”) for the vaccine.
All descriptive printed matter, advertising, and promotional material relating to the use of the Moderna COVID‑19 Vaccine clearly and conspicuously shall state that:
• This product has not been approved or licensed by FDA, but has been authorized for emergency use by FDA, under an EUA to prevent Coronavirus Disease 2019 (COVID-19) for use in individuals 18 years of age and older; and
• The emergency use of this product is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of the medical product under Section 564(b)(1) of the FD&C Act unless the declaration is terminated or authorization revoked sooner.
https://www.fda.gov/media/144636/download
(21 U.S.C. 360bbb-3)
Individuals who receive the vaccine must be informed that they have “the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks”
FD&C Act § 564, 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III)
What if vaccine EUA is revoked?
What if it receives full-licensure?
ARLENE:
Mandatory program must accommodate disability, religion.
The Equal Employment Opportunity Commission’s Vaccine Guidance
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding the COVID-19 vaccine.
[INCLUDE SUMMARY OF REASONABLE ACCOMMODATION PROCESS]
Q: Can employers require employees to obtain COVID-19 vaccinations?
A: Likely yes, but employers must be prepared to accommodate employees with disabilities and religious objections, and comply with applicable meet and confer obligations and collective bargaining provisions.
In its most recent guidance, the U.S. Equal Employment Opportunity Commission (“EEOC”) made clear that an employer can (1) mandate that employees take vaccines and (2) keep unvaccinated employees out of the workplace if the employer determines that the unvaccinated employee poses a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” At the same time, employers must still provide reasonable accommodations and engage in the interactive process with employees who have disabilities and cannot take the vaccine or those with sincerely held religious beliefs in opposition to vaccination.
Both public and private employers may require employees to obtain a COVID-19 vaccination. However, Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the
Genetic Information Nondiscrimination Act of 2008, -- rDA, ADEA, and GINA place restrictions on this ability. EEOC guidance focused on the ADA and Title VII. In this context, the EEOC emphasized objections to vaccination requirements based upon disability or sincerely held religious beliefs. In such instances, employers must engage in a reasonable accommodation process.
Mention Pregnancy
Employers should also engage in an individualized analysis of each objecting employee to determine if he/she or they would pose a “direct threat.” A direct threat exists where the presence of the unvaccinated individuals would pose a “significant risk of substantial harm to the health and safety of others that cannot be eliminated or reduced by reasonable accommodation.” 29 C.F.R. § 1630.2(r). Determination that a direct threat exists allows an employer to prevent the employee from physically entering the workplace. However, automatic termination is not permitted.
More information is available at the EEOC’s website: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Title I of the ADA: Applies to both private and public (state and local government) employees. The ADA provides that where an employee is unable or unwilling to vaccinate due to disability, an employer is obligated to engage in a process of reasonable accommodation.
Title VII of the Civil Rights Act: Applies to both public and private employers with 15+ employees. Title VII provides that employees who have a religious objection to being vaccinated are entitled to a process of reasonable accommodation.
GINA: Applies to both public and private employers with 15+ employees.
FEHA: Applies to both public and private employers, even those with fewer than 5 employees. Prohibits discrimination on the basis of disability or sincerely held religious belief.
What if objection is not based on religion or disability?
ARLENE:
Mandatory program must accommodate disability, religion.
The Equal Employment Opportunity Commission’s Vaccine Guidance
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding the COVID-19 vaccine.
[INCLUDE SUMMARY OF REASONABLE ACCOMMODATION PROCESS]
Q: Can employers require employees to obtain COVID-19 vaccinations?
A: Likely yes, but employers must be prepared to accommodate employees with disabilities and religious objections, and comply with applicable meet and confer obligations and collective bargaining provisions.
In its most recent guidance, the U.S. Equal Employment Opportunity Commission (“EEOC”) made clear that an employer can (1) mandate that employees take vaccines and (2) keep unvaccinated employees out of the workplace if the employer determines that the unvaccinated employee poses a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” At the same time, employers must still provide reasonable accommodations and engage in the interactive process with employees who have disabilities and cannot take the vaccine or those with sincerely held religious beliefs in opposition to vaccination.
Both public and private employers may require employees to obtain a COVID-19 vaccination. However, Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the
Genetic Information Nondiscrimination Act of 2008, -- rDA, ADEA, and GINA place restrictions on this ability. EEOC guidance focused on the ADA and Title VII. In this context, the EEOC emphasized objections to vaccination requirements based upon disability or sincerely held religious beliefs. In such instances, employers must engage in a reasonable accommodation process.
Mention Pregnancy
Employers should also engage in an individualized analysis of each objecting employee to determine if he/she or they would pose a “direct threat.” A direct threat exists where the presence of the unvaccinated individuals would pose a “significant risk of substantial harm to the health and safety of others that cannot be eliminated or reduced by reasonable accommodation.” 29 C.F.R. § 1630.2(r). Determination that a direct threat exists allows an employer to prevent the employee from physically entering the workplace. However, automatic termination is not permitted.
More information is available at the EEOC’s website: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Title I of the ADA: Applies to both private and public (state and local government) employees. The ADA provides that where an employee is unable or unwilling to vaccinate due to disability, an employer is obligated to engage in a process of reasonable accommodation.
Title VII of the Civil Rights Act: Applies to both public and private employers with 15+ employees. Title VII provides that employees who have a religious objection to being vaccinated are entitled to a process of reasonable accommodation.
GINA: Applies to both public and private employers with 15+ employees.
FEHA: Applies to both public and private employers, even those with fewer than 5 employees. Prohibits discrimination on the basis of disability or sincerely held religious belief.
What if objection is not based on religion or disability?
Mandatory program must accommodate disability, religion.
The Equal Employment Opportunity Commission’s Vaccine Guidance
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding the COVID-19 vaccine.
[INCLUDE SUMMARY OF REASONABLE ACCOMMODATION PROCESS]
Q: Can employers require employees to obtain COVID-19 vaccinations?
A: Likely yes, but employers must be prepared to accommodate employees with disabilities and religious objections, and comply with applicable meet and confer obligations and collective bargaining provisions.
In its most recent guidance, the U.S. Equal Employment Opportunity Commission (“EEOC”) made clear that an employer can (1) mandate that employees take vaccines and (2) keep unvaccinated employees out of the workplace if the employer determines that the unvaccinated employee poses a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” At the same time, employers must still provide reasonable accommodations and engage in the interactive process with employees who have disabilities and cannot take the vaccine or those with sincerely held religious beliefs in opposition to vaccination.
Both public and private employers may require employees to obtain a COVID-19 vaccination. However, Title VII of the Civil Rights Act, the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the
Genetic Information Nondiscrimination Act of 2008, -- rDA, ADEA, and GINA place restrictions on this ability. EEOC guidance focused on the ADA and Title VII. In this context, the EEOC emphasized objections to vaccination requirements based upon disability or sincerely held religious beliefs. In such instances, employers must engage in a reasonable accommodation process.
Mention Pregnancy
Employers should also engage in an individualized analysis of each objecting employee to determine if he/she or they would pose a “direct threat.” A direct threat exists where the presence of the unvaccinated individuals would pose a “significant risk of substantial harm to the health and safety of others that cannot be eliminated or reduced by reasonable accommodation.” 29 C.F.R. § 1630.2(r). Determination that a direct threat exists allows an employer to prevent the employee from physically entering the workplace. However, automatic termination is not permitted.
More information is available at the EEOC’s website: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Title I of the ADA: Applies to both private and public (state and local government) employees. The ADA provides that where an employee is unable or unwilling to vaccinate due to disability, an employer is obligated to engage in a process of reasonable accommodation.
Title VII of the Civil Rights Act: Applies to both public and private employers with 15+ employees. Title VII provides that employees who have a religious objection to being vaccinated are entitled to a process of reasonable accommodation.
GINA: Applies to both public and private employers with 15+ employees.
FEHA: Applies to both public and private employers, even those with fewer than 5 employees. Prohibits discrimination on the basis of disability or sincerely held religious belief.
What if objection is not based on religion or disability?
Collective Bargaining Issues
Requirements for Employers with unions:
Public agencies that want to require that employees be vaccinated must comply with the bargaining obligations set forth under the Meyers-Milias-Brown Act (“MMBA”). The MMBA requires public agencies to provide notice and an opportunity to unions to bargain any decision that directly relates to a matter within the scope of representation, and agencies must do so before making such a decision.
Currently, the Public Employment Relations Board (“PERB”), has not issued guidance or a decision concerning bargaining obligations related to an agency’s decision requiring a COVID-19 vaccination of its represented employees.
Given the absence of any guidance or decisional precedent from PERB, the safest course of action is for public employers to assume that a vaccine policy is within the scope of bargaining AND that employers must bargain any decision to require vaccines BEFORE implementing the decision.
Necessity exception: scope of representation does not include “consideration of the merits, necessity, or organization” of any service provided by law.
If a COVID-19 vaccination is determined to be a necessity for some or all of an agency’s employees, the vaccination requirement could be construed as outside the scope of bargaining and in such cases an agency would only be obligated to negotiate the effects of the decision to require vaccination, as opposed to the decision itself.
Emergency exception: The MMBA also provides public agencies a limited emergency exception which permits agencies, in certain circumstances requiring immediate administrative action, to make a decision that affects a matter within the scope of representation before providing unions notice of the decision or an opportunity to bargain the decision. However, agencies must still bargain the underlying decision, after the decision is made.
Private employers
Who are considering requiring COVID vaccinations should consider potential impacts of such a policy under the National Labor Relations Act (“NLRA”).
It’s important to note that both union and non-union employers may be impacted by the NLRA. Specifically, Section 7 of the NLRA grants employees the right to engage in protected concerted activities for the purpose of collective bargaining or other mutual aid or protection, and makes it unlawful for an employer to interfere with or restrain employees in the exercise of those rights. Generally speaking, there is protected concerted activity when two or more employees act together to improve their terms and conditions of employment.
For example, protected activity under the NLRA could include employees protesting against a mandatory vaccination policy (or the lack of one), organized office communications or flyers among coworkers concerning a vaccination mandate, or discussions among coworkers about the vaccine. Private Employers should exercise caution and consult legal counsel before taking any action against employees who engage in such activities regarding any vaccination policy, because such action could result in an unfair labor practice charge against the employer.
If an employer already has a union in the workplace, consider whether the controlling CBA permits a mandatory vaccination policy or not. If a mandatory vaccination policy falls within the language of the CBA, the employer may be able to unilaterally implement the work policy without first bargaining with the union. However, if not, requiring COVID-19 vaccinations may be considered a mandatory subject of bargaining that gives rise to a duty to bargain prior to implementation.
Whether you are a public agency employer or a private employer, bcause the law is unsettled under both the MMBA and NLRA, the better course of action is to bargain with unions over any requirement of vaccines policy, in order to avoid an ULP. will be required to comply with applicable memorandum of understanding (“MOU”) or Collective Bargaining Agreement provisions and satisfy meet and confer obligations for represented employees in order to mandate vaccinations. Careful attention should be placed on any rules or MOU provisions that may limit the ability to mandate vaccinations or prohibit the ability to change existing terms and conditions of employment without union agreement.
If you plan to implement mandatory requirement, must speak with unions immediately.
High levels of police and firefighters who are declining vaccination.
Recent data from 1676 adults surveyed November 30 to December 8, 2020, found that when a COVID-19 vaccine is approved and widely available:
34% would get it as soon as possible;
39% would wait;
9% would only get it if required for work or school;
15% would definitely not get it.
Black persons, at high risk of infection and hospitalization, are less likely to report vaccine intent with only 20% reporting they would get the vaccine soon and 52% intending to wait.
Practical Considerations
Enforcement: will you terminate employees who refuse?
A: Employers may be reluctant to discipline or terminate a large number of employees, and equally reluctant to create multiple individual exceptions that may lead to litigation. For example, reports are finding that 10% to 20% of health care workers are refusing vaccination, regardless of whether they have a reason to object based on disability or religion.
For employees with for-cause employment rights, employers need to comply with due process before taking corrective action against employees as a result of a refusal to be vaccinated.
Because this is an untested area of law, employers should consult with legal counsel before considering corrective action.
a. Administrative Costs/Wage and Hour Considerations:
Employers mandating vaccinations may consider providing on-site vaccination for efficiency. In such instances, employers need to consider the cost of procuring a third-party to administer the vaccine. Additionally, whether vaccinations are on or off site, employers should consider that, under applicable wage and hour laws, if vaccines are mandated, the time it takes for an employee to get vaccinated should be treated as compensable work time. Similarly, any costs associated with getting the vaccine would be reimbursable business expenses.
b. Liability for side effects – small percentage will experience negative reactions.
c. Litigation risks
https://www.cdc.gov/vaccines/covid-19/health-systems-communication-toolkit.html#posters – Valeina the image should be ok to use.
Even where an employer's mandatory vaccination policy is lawful under federal law (ADA), employers must be cognizant of state law concerns, especially privacy laws. California recognizes rights to privacy arising from Art 1, Section 1 of the California Constitution.
To survive a privacy challenge, an employer will need to demonstrate that a mandatory vaccination policy is justified by the public interest and the employer's legitimate business needs. Likewise, in California employers have additional notice requirements—to explain to employees what personal information may be collected about them and the business purposes for which such personal information will be used in connection with a mandatory vaccination policy.
Further, tracking compliance and determining what type of proof of vaccination will be required should be carefully planned in advance of rolling out any policy. Any employee medical information obtained by the employer should be treated as a confidential medical record under the ADA and maintained in separate medical files.
Employers should follow pending legislation in the coming terms, California is likely to consider vaccine-related legislation that may provide additional clarity on mandatory vaccinations.
ANALOGIES
1. Analogies – how have vaccinations been mandated in the past?
Schools – teachers not required, students are required
Hospitals
Military
Additional research needed by Shandyn.
Consider CalOSHA Hep B standard (Section 5193, subd. (f))
Additional research needed by Shandyn.
The ADA and Cal/OSHO provide employers with a duty, and the authority, to ensure a safe work environment. As such, employers may conclude that the best way to do so during the current pandemic is to mandate that employees receive the available vaccinations.
ANALOGIES
https://www2a.cdc.gov/vaccines/statevaccsApp/Administration.asp?statetmp=CA#41
1. Analogies – how have vaccinations been mandated in the past?
Schools – teachers not required, students are required
Hospitals
Military
Additional research needed by Shandyn.
Consider CalOSHA Hep B standard (Section 5193, subd. (f))
Additional research needed by Shandyn.
The ADA and Cal/OSHO provide employers with a duty, and the authority, to ensure a safe work environment. As such, employers may conclude that the best way to do so during the current pandemic is to mandate that employees receive the available vaccinations.
ALTERNATIVES TO MANDATORY VACCINATION PROGRAMS
NON MANDATORY PROGRAMS - Education program
NON MANDATORY PROGRAMS - Incentive Programs and Wellness
Sample – or other headline
https://www.usatoday.com/story/money/business/2021/01/14/covid-vaccine-dollar-general-instacart-pay-employees-getting-vaccine/4160708001/
EEOC Guidance on Wellness programs
Additional research needed by Shandyn.
Pay
Child care
paid time off
$25 stipend
2 hours of pay
Pay
Child care
paid time off
$25 stipend
2 hours of pay
ALTERNATIVES TO MANDATORY VACCINATION PROGRAMS
NON MANDATORY PROGRAMS - Education program
NON MANDATORY PROGRAMS - Incentive Programs and Wellness
Sample – or other headline
https://www.usatoday.com/story/money/business/2021/01/14/covid-vaccine-dollar-general-instacart-pay-employees-getting-vaccine/4160708001/
EEOC Guidance on Wellness programs
Additional research needed by Shandyn.
Pay
Child care
paid time off
$25 stipend
2 hours of pay
COVID-19 Vaccine – Practical Issues
Practical considerations for vaccinating your workforce.
• Check with your County and local healthcare providers to determine when/where the vaccine will be available to your workers
• What will employees need to prove eligibility (e.g. ID badge, pay stub, etc)
• Employers must continue to follow all COVID-19 prevention measures regardless of vaccination
• Be prepared for adverse reactions and consider a staggered rollout for operational consistency
Litigation Risks
Employers who seek to mandate COVID-19 vaccinations should consider the practical consequences of a vaccine policy, including:
Discipline and Enforcement:
How will employers enforce the mandate and discipline non-compliant employees who do not qualify for a reasonable accommodation? Employers should also be mindful that discipline, or determination of a direct threat barring physical presence in the workplace, could lead to litigation.
Reasonable Accommodation Process:
Employers who seek to mandate vaccinations need to be prepared to engage in good faith in a reasonable accommodation process. As such, employers should have written policies and procedures regarding that process. Employers should also ensure they have a system for requesting reasonable accommodations and a means of maintaining and tracking reasonable accommodations. Finally, employers should remain mindful that, even if this process is done in good faith, there is still the potential for litigation.
Employee Privacy and Disability Related Inquiries:
Employers who mandate vaccines will necessarily need a system for tracking proof of vaccinations. Employers should be aware that they are obligated by the ADA and HIPPA to keep vaccination records and disability information confidential. Further, the ADA and GINA have specific requirements regarding information that may be solicited from employees. For example, if an employer were to contract with a third-party to provide vaccinations at the workplace, the employer should be aware that pre-vaccination medical screening questions are likely to elicit information about disability. Such questions asked by a third-party on the employer’s behalf would constitute “disability-related” questions, and violate the provisions of the ADA, unless shown to be “job-related and consistent with business necessity.”
Notably, employers who opt to offer a vaccination program on a voluntary basis will not need to satisfy the “job-related and consistent with business necessity” requirement.
A: Many important questions need to be answered, including will the vaccination policy be written? How will the employer collect and protect employees’ vaccination records? What are the risks to employees, the public, customers, or clients if the employer does not mandate vaccination? Would a voluntary vaccination policy be as effective? Can the employer offer incentives to encourage vaccination? Will employers continue to maintain health and safety measures such as masks and social distancing after employees are vaccinated? How should employers handle meet and confer or renegotiating existing MOUs?
Determine when/where the vaccine will be available.
Continue to follow all COVID-19 prevention measures.
Be prepared for adverse reactions.
Consider a staggered rollout for operational consistency.
Litigation risks.