New for 2022 Ontario employers should already have a written Workplace Vaccination Policy and those with more than 25 employees will have until June 2, 2022 to implement and provide employees with a copy of their written Disconnecting from Work Policy. Additionally, Ontario employers can no longer enter into non-competition agreements with non-C suite employees. …
U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place
On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move forward. THE OSHA ETS IS STAYED By way of background, the OSHA ETS requires all employers with more than …
Private Employer Vaccine Mandate Moves Forward as Sixth Circuit Dissolves Fifth Circuit’s OSHA ETS Stay
On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go into effect, dissolved the stay that the United States Court of Appeals for the Fifth Circuit had issued, allowing …
The Private Employer COVID-19 Vaccine Mandate is Here: What Employers Need to Know
On Thursday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) and Centers for Medicare & Medicaid Services (“CMS”) rolled out temporary emergency standards (“ETS”) implementing COVID-19 vaccine mandates, which are expected to become effective November 5, 2021. These emergency rules are intended to address the “grave danger of COVID-19 in the workplace.” …
AM I MY BROTHER’S KEEPER: RELIGIOUS ACCOMMODATIONS AND VACCINE MANDATES UNDER TITLE VII
On September 26, 2021, the NBA denied Andrew Wiggins’ religious accommodation request to be exempt from taking the COVID-19 vaccine. After being denied, Wiggins stated his “[b]ack is up against the wall, but I’m just going to keep fighting for what I believe. . . I’m going to keep fighting for what I believe is …
COVID-19 Surge Medical Leave Refresher for Employers
In 2020, as COVID-19 cases were mounting, many employers were tasked with following the brand-new Families First Coronavirus Response Act (“FFCRA”), which provided a framework and tax credits for paid leave, including paid sick leave, for certain reasons pertaining to COVID-19. In 2021, as COVID-19 cases declined, this paid leave became voluntary, and employers who …
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Why President Biden’s Plan to Vaccinate the Unvaccinated in Private Employment is a Lot of Buzz, but Likely Little Sting
The entire country has been abuzz about President Biden’s Plan for “Vaccinating the Unvaccinated.” The Plan would require private employers with 100 or more employees (“Covered Employers”) to ensure their workers are vaccinated from COVID-19 or tested weekly and to provide paid time off for employees to get vaccinated.[1] To execute this Plan, the Department …
What Employers Can Do Regarding Fake Vaccine Cards so They Have “No Ragrets”
With the Pfizer COVID-19 vaccine obtaining full FDA approval and President Biden’s sweeping announcement that he will be requiring federal employees, employers with over 100 employees, and many others to require vaccines or frequent testing, there has been a steady rise in the number of employers requiring their employees to obtain a COVID-19 vaccine as …
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Recent Developments in Ontario Employment Law
On August 20, 2021 the Medical Officer of Health for Toronto issued a “strong recommendation” that every local business implements a COVID-19 vaccination policy. The City of Toronto has also provided guidance on the key components of such a policy. On August 24, 2021, O. Reg 364/20, Rules for Areas at Step 3 and at …
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You Said Non-compete Agreements Are Enforceable in Michigan; What Is This Federal Government Announcement I Heard Recently?
A few weeks ago, our All Things HR Blog took time to tackle frequently asked questions about the enforceability of restrictive covenants in Michigan, including employee non-compete restrictions. We decided this would be a good week to expand on that topic. Many readers likely noticed recent headlines blaring out that on July 9, 2021, President …