Workplace Vaccinations

OSHA Targets Employers That Retaliate Against Workers Raising COVID-19 Concerns

The Occupational Safety and Health Act (the “Act”) prohibits employers from retaliating against employees because they report unsafe and unhealthy work conditions, whether internally or to the Occupational Safety and Health Administration (OSHA).  OSHA, the federal agency which administers and enforces the Act, has begun an aggressive campaign to investigate employers who have been accused …

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Paid Leave for COVID-19 Vaccinations

On March 12, 2021, Governor Andrew Cuomo signed a new law granting employees paid leave time to receive Covid-19 vaccinations.  Under this new law (New York State Labor Law §196-C), every employee must be provided a paid leave of absence from his or her employment for a sufficient period of time, not to exceed four …

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COVID-19 Vaccines and Employer Liability

Employers are exploring their options for mandating or encouraging workers to get COVID-19 vaccinations.  They may even want to offer vaccines onsite when they are available.  So can an employer be held liable if a worker has an adverse reaction to the vaccine? The safety of the vaccines currently approved by the FDA, combined with …

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Small Businesses Can Get a Tax Credit for Providing Vaccination Paid Leave

To encourage more widespread vaccinations, President Joe Biden recently highlighted a paid-leave tax credit for employers that provide full pay for employees who take time off to get and recover from a COVID-19 vaccination.  The tax credit is available to organizations with fewer than 500 employees, and covers up to $511.00 per day for each vaccinated employee. The tax …

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THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETERMINES THAT EMPLOYERS MAY MANDATE COVID-19 VACCINATIONS

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-anticipated guidance to employers regarding mandatory Covid-19 vaccines in the workplace. In its new guidance, the EEOC states that it does not consider vaccinations to be “medical examinations”, which require special justification under the Americans with Disabilities Act (ADA).  This clears the way …

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