Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine? The answer is it depends.

Why is the employee refusing the vaccine?

For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for termination. Typically, however, an employee will seek a reasonable accommodation that enables him or her not

President Biden Calls His Shot: The New Federal Vaccine Mandate — What Does It Mean?Yesterday, President Biden announced that he is entering two Executive Orders requiring COVID-19 vaccines for federal workers and contractors and that administrative agencies (the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration) will be issuing requirements establishing vaccine protocols for large employers and healthcare providers. President Biden expressed his

Yes, We’re Still Talking About COVID-19: OSHA Updates Guidance for WorkplacesRecently OSHA updated its guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace for employers who are not covered by the “COVID-19 Emergency Temporary Standard for Healthcare.” As we explained before, the ETS applied to healthcare services and healthcare support services. OSHA’s update reflects the CDC’s newest mask and testing recommendations

What’s Your Vax Status? New Requirements for Federal Employees and ContractorsWith Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who “does not attest to being fully vaccinated will be required to wear a mask on the job no matter their geographic location,

Something to Talk About: Fifth Circuit Reminds Us to Engage in the Interactive ProcessThe United States Court of Appeals for the Fifth Circuit recently reiterated the importance of engaging in the interactive process with employees seeking disability accommodations. This case serves as a helpful reminder, especially in the post-COVID-19 work-from-home era, that engaging in meaningful, collaborative conversations with your employees who seek accommodations is best for everyone.

Background

ZOOM, ZOOM, ZOOM!! Will Virtual Platforms Replace How You Interact with Your Employees, Unions, and Lawyers?Roughly 15 months ago the word “Zoom” would have conjured up images of cartoon race cars or maybe Dr. Seuss’ Go Dog Go book. Such images not only show our age but reflect how much our world has changed since the COVID-19 pandemic arrived.

In the legal world, Zoom allowed the practice of law to

Extending the Flex: I-9 Rule on Remote Employees Allowed to ContinueThe U.S. Department of Homeland Security (DHS) recently issued updated guidance extending the Form I-9 flexibility rule that temporarily relaxes the document inspection requirements for employers operating remotely.

Under this rule, which was first announced on March 20, 2020, if your employees are working remotely as a result of COVID-19, you may initially inspect those

Helpful Guidance Comes to Those Who Wait: OSHA Issues Long-Awaited COVID-19 Safety RuleAfter the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings and social gatherings in person again? While we gave you options and best practices in a recent