• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly


Vaccine Mandate Q&A

In late October or early November, OSHA is expected to publish its landmark Emergency Temporary Standard, requiring employers with 100 or more workers to mandate that their staffs be fully vaccinated or produce a weekly negative COVID test result. We addressed some of the common Q&As in our last issue. Here are more answers based on current information, according to the Foley & Lardner law firm.

Employee’s previous COVID infection is no defense against your vaccine mandate

If your organization is mandating COVID vaccines for employees, some workers may say, “I already had COVID, so I’m immune and don’t have to get the shot.” Not true.

Consider religious objections to vaccination

Legal experts say employers are within their rights to fire unvaxxed staff. However, Title VII’s religious discrimination provisions still apply. That means employers must weigh whether employees with sincerely held religious beliefs against vaccination are entitled to reasonable accommodations of those beliefs.

Employees’ vax status: Yes, it is your business

We’ve written about how HIPAA’s wellness plans affect covid vaccinations. But there’s another aspect to HIPAA—privacy—that is less understood and often overlooked. Let’s air out some of those issues now.

OSHA vax mandate rule closer to taking effect

The Biden administration’s requirement for large employers to ensure all employees are vaccinated against covid-19 is one step closer to being implemented.

Long covid could trigger FMLA, ADA liability

Employers need to be ready to respond to more requests for both FMLA intermittent leave and ADA accommodations.

OSHA cites insurance agency for covid-safety violations

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died of covid-19.

Employers begin firing covid vaccine refusers

The Biden administration hasn’t even finished drafting rules for mandatory employee covid-19 vaccinations, but employers are already taking action. Some large employers have begun firing noncompliant workers or announced new mandates after previous incentives failed to get more workers vaccinated. Here are some examples.

Not just shots: Fed contractors must enforce mask, distancing rules, too

“Covered contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published [Centers for Disease Control and Prevention] guidance for masking and physical distancing,” the government’s guidance states.

Poll: Business leaders back employer vaccine mandate

Nearly two-thirds of business leaders surveyed say they support the Biden administration’s call for employees of organizations with 100 or more workers to be vaccinated against covid-19.