LIEB BLOG

Legal Analysts

Showing posts with label vaccine. Show all posts
Showing posts with label vaccine. Show all posts

Wednesday, December 29, 2021

29 Dec

Employment Laws - Year End Review

As the year comes to a close, we want to remind employers of the following recent laws, regulations and guidance related to the workplace, many of which are currently in effect or take effect early next year. 1) Vaccine/Mask MandatesNYC Vaccine MandateNYC, via an Order of the Commissioner of Health and Mental...

Monday, December 13, 2021

13 Dec

Supreme Court Denies Healthcare Workers' Injunction Request on Vaccinate Mandate

The Supreme Court denied an injunctive request by healthcare workers who were required, by regulation, to be vaccinated over dissents by Justices Thomas, Gorsuch, and Alito who said the mandate violated The Free Exercise Clause. The basis of the request was that the regulation included exemptions for medical reasons,...

Tuesday, November 09, 2021

09 Nov

OSHA Vaccine Stay in 5th Circuit - What Does That Mean - Nothing?

On November 6, 2021, the 5th Circuit Court of Appeals stayed the OSHA Vaccine Emergency Temporary Standard (which we explained in this blog). However, the Circuit set a short briefing schedule and required the Government to respond to petitioners' motion for a permanent injunction by 5:00 PM on November 8th, which...

Thursday, November 04, 2021

04 Nov

OSHA Releases Details/Requirements of Employer Vaccine Mandate

The Occupational Safety and Health Administration ("OSHA") issued its long awaited emergency temporary standard requiring all private sector employers with 100 or more employees ("covered employers") to "develop, implement, and enforce a mandatory COVID-19 vaccination policy." OSHA issued separate rules for federal contractors/subcontractors...

Tuesday, October 12, 2021

12 Oct

Fake News Alert - TX & Abbott with Employer Anti-Vaccine Mandate

Everywhere you look, the media is saying TX isn't permitting employer vaccine mandates, but that is NOT what is happening. To be clear, vaccine mandates are still permissible in TX. You can read Governor Abbott's Executive Order GA-40 here. As you can clearly see, all the Order prohibits are vaccine mandates...

Wednesday, September 29, 2021

29 Sep

NYS Bill to Allow Unemployment Benefits to Vaccine Refusal Firings

NYS Senator Alexis Weik Sponsored a bill that provides eligibility for unemployment insurance for "unemployment due to such employee's choice not to receive a coronavirus vaccine."While this bill is nowhere near being enacted, do you agree with the Senator?Is this bill perpetrating the spread of a deadly virus by empowering...

Tuesday, September 28, 2021

28 Sep

NYC Permitted to Require Vaccinations of School Employees by Second Circuit Court of Appeals

 According to the Second Circuit:This Court entered a temporary injunction in the above-captioned case on Friday, September 24, 2021 for administrative purposes pending decision by a three-judge panel. IT IS HEREBY ORDERED that the September 24 injunction is DISSOLVED. IT IS FURTHER ORDERED that the motion for an...

Wednesday, September 15, 2021

15 Sep

Vaccine Requirement for NYC Teachers Temporarily Restrained

The New York State Supreme Court (lowest level court with jurisdiction) issued a temporary restraining order until the sooner of a hearing or 9/22/21 concerning New York City's vaccine mandate for public education employees who instead argue for a Vax-Or-Test policy. To see the arguments yourself, in The New York...

Tuesday, September 14, 2021

14 Sep

Vaccines vs. Sincerely Held Religious Beliefs - First Round Goes to Religion

The Federal Court for the Northern District of New York has enjoined vaccine mandates based upon sincerely held religious beliefs by way of issuing a Temporary Restraining Order in the case of Dr. A v. Hochul.  Here is how the plaintiffs' argued that the vaccine violate their sincerely held religious beliefs...

Wednesday, June 02, 2021

02 Jun

Employees are Entitled to Use Paid Sick Leave to Recover from COVID-19 Vaccinations.

To provide further incentive for people to get vaccinated, The New York State Department of Labor recently issued guidance permitting employees to use paid sick leave to recover from side effects of the COVID-19 vaccine. The New York State legislature previously passed a law entitling employees to paid leave to receive...

Wednesday, March 17, 2021

17 Mar

NY Employees are Entitled to Paid Leave to Receive COVID-19 Vaccine

To further encourage mass vaccination, the Governor signed Senate Bill S2588A into law, which requires employers to provide employees with a "sufficient period of time", but not more than four (4) hours, of paid leave to receive each COVID-19 vaccine injection. The law is effective immediately and expires on December 31,...