Articles and Blogs

There are currently a number of restrictions regarding international travel due to the ongoing COVID-19 pandemic. This has led to the blanket recommendation to advise your foreign national employees to refrain from departing the United States or they risk being abroad for longer than anticipated, which can ultimately affect their U.S. employment. This recommendation... READ MORE

As Hall Render detailed last month, President Biden announced the need for new COVID-19 vaccination rules. An Emergency Temporary Standard (“ETS”) from the Occupational Safety and Health Administration (“OSHA”) will require vaccinations or weekly testing for employees of employers with 100 or more employees. We also noted that CMS announced its intention to issue... READ MORE

On Monday, October 11, Texas Governor Greg Abbott issued Executive Order GA-40, requiring that employers provide exemption from any COVID-19 mandate for reason of personal conscience, religious belief or for medical reason, including prior recovery from COVID-19. These exemptions are broader than those required under Title VII of the Civil Rights Act (for sincerely... READ MORE

For employers and workplaces that are operating entirely remotely, Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) have temporarily implemented a flexible solution to assist in complying with the requirements related to Form I-9 completion. The initial announcement on the flexibility in requirements related to Form I-9 completion was on... READ MORE

Section 1557 of the Affordable Care Act (“Section 1557”) prohibits discrimination on the basis of race, color, national origin, sex, age or disability by any health program or activity that receives federal financial assistance. In 2016, HHS promulgated a Final Rule (“2016 Rule”) that interpreted discrimination on the “basis of sex” to include discrimination... READ MORE

In an interesting federal district court case currently awaiting jury trial in Tennessee, the plaintiff claims that the termination of his employment at a Tennessee hospital was in retaliation for exercising his rights under the Family Medical Leave Act (“FMLA”). The hospital that formerly employed him asked the court to grant summary judgment, arguing... READ MORE

President Biden recently issued an Executive Order on Promoting Competition in the American Economy (the “Executive Order”). Directed at addressing competition in numerous industries and markets, including the health care and labor markets, the Executive Order includes 72 initiatives directed at more than a dozen federal agencies that will focus on removing barriers to... READ MORE

Hall Render recently published articles (see here and here) on OSHA’s Emergency Temporary Standard (“ETS”), which includes requirements that apply specifically to health care employers. Implementation of those standards will involve some or many employees in tasks related to COVID-19 safety at the beginning and end of their shifts, including screening and donning/doffing protective... READ MORE

As discussed in a previous article, the Occupational Safety and Health Administration (“OSHA”) recently issued an emergency temporary standard (“ETS”) as a part of its National Emphasis Program on COVID-19. The previous blog article provided a concise overview of the ETS and its general requirements. This article provides a more thorough summary of Subpart... READ MORE

As we return to a “new normal” and what is hoped to be the tail end of the COVID-19 pandemic, the EEOC recently issued helpful guidance (starting at Section K16, specifically) regarding employer incentives for COVID-19 voluntary vaccinations under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Links to... READ MORE