Breaking News on the CMS Vaccination Rule: Less Than 24 Hours After Being Shelved in 10 States, the Rule Is Sidelined Nationwide

In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination.” The effect of the order is that CMS must immediately “cease all implementation or enforcement of the [CMS] Rule” in the remaining 40 states not covered by an earlier November 29, 2021, order from a federal judge sitting in Missouri that prevented implementation and enforcement of the CMS rule in only 10 states.

Federal Judge Shelves President Biden’s CMS Vaccine Mandate … But in Only 10 States

In a 32-page order issued on November 29, 2021, United States District Judge Matthew T. Schelp entered a preliminary injunction against the Biden administration’s Center for Medicaid and Medicare Services (CMS) interim final rule entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination.”

Florida’s Expanded New Hire Employee and Contractor Reporting Requirements Take Effect October 1, 2021

A recent amendment to child support laws will impose new and potentially onerous requirements on Florida businesses, starting October 1, 2021. The new law removes the current 250-employee threshold for new hire reporting, and, for the first time, requires businesses to report information regarding certain independent contractors.

COVID-19, Workplace Safety and Health, and Employee Claims of Retaliation: What’s an Employer to Do?

As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an additional 2,118 complaints). Notably, President Joe Biden has made it clear that OSHA enforcement focused on “violations that put the largest number of workers at serious risk [of COVID-19] or are contrary to anti-retaliation principles” is a priority of his administration.

5 Key Employee Handbook Updates to Consider in 2021

With the onslaught of the pandemic in 2020, many employers were busy dealing with staffing issues, safety concerns, and COVID-19–related legislation. There may have been little to no time to address handbook policies. With many changes on the horizon in 2021 under President Biden’s administration and the adaptations in the working environment due to COVID-19, it may be a good time for employers to turn to the company handbook to ensure it is up to date. This article will highlight five areas to which employers may want to give special attention in 2021.

Tampa Bay’s New Face-Covering Requirements—We’ve Got You Covered

COVID-19 cases in Florida continue to increase, particularly in the Tampa Bay area. In an effort to slow the spread of the virus, Hillsborough, Pasco, and Pinellas counties have enacted ordinances requiring face coverings in most indoor settings where social distancing (of at least six feet between persons) cannot be maintained.

Triaging Employee Refusals to Work Due to COVID-19: A Legal Update for Healthcare Employers

Employees—particularly healthcare employees—are increasingly refusing to work because of safety concerns and the need for accommodations related to COVID-19. In certain circumstances, these refusals may trigger protections afforded by the Occupational Safety and Health (OSH) Act, the Americans with Disabilities Act (ADA), and the National Labor Relations Act (NLRA), among others.

COVID-19 Safer-at-Home Orders Now Effective in Tampa Bay and Other Florida Counties and Municipalities

On March 17 and 20, 2020, Florida Governor Ron DeSantis issued Executive Orders 20-68 and 20-71, announcing unprecedented state-wide closures of bars and nightclubs, restaurants for on-site dining, and stand-alone gyms. Since then, additional counties and municipalities in Florida have enacted more stringent measures attempting to slow the spread of COVID-19.

New Year, New Legislative Session Greets Florida Employers

Florida’s 2020 legislative session convened today in Tallahassee. This session will be one to watch, as over 20 workplace-related bills have already been filed, covering such topics as discrimination and retaliation, minimum wage and overtime pay, pre-employment verification and background screening, reemployment assistance, tax credits and refunds, job relocation, job protections for medical marijuana users, paid family leave, and heat illness prevention.

Florida’s 2019 Legislative Session Yields Bills Related to Vaping in the Workplace and Unemployment Benefits for Domestic Violence Victims

The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination and harassment, sexual misconduct reporting in health care, local regulation of employment conditions, minimum wage, vaping, paid leave, internship tax credits, restraints of trade or commerce (noncompete agreements), drug-free workplaces, and unemployment compensation claims. Although only two of these bills survived, many of the bills that did not pass could resurface and impact employers in the near future.

The Employment Law Implications of the Marijuana Ballot Initiatives

On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s position on marijuana is unclear, employers may want to consider the impact of these new laws as well as watch for new developments.