September 17, 2021
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As More Jurisdictions Make Vaccination Mandatory, Federal Government Plays Catch-up

                   

Across the nation school districts, cities, and private employers have spent the summer making vaccination mandatory for people to take part in all aspects of life, including going to the gym, returning to work, or attending a concert. Now, with the full FDA approval of the Pfizer/BioNTech vaccine, the federal government has weighed in. 

Under President Biden’s plan, which has yet to be fleshed out or made enforceable, nearly all federal and many private sector workers, more than 100 million Americans, would be required to be vaccinated or risk serious penalties, including employment termination. At this point, the president has merely directed OSHA to draft specific rules. Significant questions remain about whether remote workers can be required to be vaccinated and how booster shots will play into OSHA’s eventual guidelines. 

Here in New York, the City of New York already requires people to be vaccinated for indoor dining,  indoor fitness, and indoor entertainment. Residents must provide a CDC vaccination card, NYC vaccination record, Excelsior pass, or have the NYC Covid Safe app on their mobile phone. The city has directed businesses to surveil and enforce these rules. 

We will provide an additional post when and if OSHA develops actual guidelines based on the President’s request.

In an Uncommon Move, McDonald’s Sues Former CEO

August 20, 2020
Sexual Harassment
It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

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