On Friday, May 7, Pfizer and its partner BioNTech filed an application seeking full approval from the United States Food and Drug Administration (FDA) for its COVID-19 vaccine for patients age 16 and up. Pfizer is the first COVID-19 vaccine producer to do so. Full approval would allow Pfizer to market and distribute its vaccine
Vaccines
New Jersey Plans to Ease COVID-19 Restrictions, Along with New York and Connecticut
On May 3, 2021, Governor Murphy announced that New Jersey, along with New York and Connecticut, would lift many COVID-19 pandemic restrictions affecting the region’s businesses, venues, and gatherings over the course of the next several weeks. Governor Murphy cited the vaccination progress and the decline in the number of COVID-19 cases in the state…
Post-COVID-19 Vaccination Issues in the Workplace
By Brian D. Pedrow & Anu Susan Thomas on
On April 2, 2021, the Centers for Disease Control and Prevention (CDC) released guidance entitled Interim Public Health Recommendations for Fully Vaccinated People. The guidance states that certain restrictions have been eased for fully vaccinated people — defined as receiving both doses of the Pfizer or Moderna vaccine, or the single dose of the…
Philadelphia Public Health Emergency Leave
By David S. Fryman, Brian D. Pedrow & Elliot I. Griffin on
On Monday, the City of Philadelphia adopted a new version of Public Health Emergency Leave (PHEL), mandating up to 80 hours of paid leave benefits in 2021 for employers with 50 or more employees. The law went into effect on the date it was signed — March 29, 2021. PHEL is a new leave entitlement…
NEW JERSEY ISSUES GUIDANCE ON EMPLOYER-MANDATED VACCINES
By Tara L. Humma & Louis L. Chodoff on
The New Jersey Department of Health and the Department of Law and Public Safety (which oversees the New Jersey Division on Civil Rights) have issued guidance in the form of FAQs regarding the right of employers to mandate the COVID-19 vaccine under New Jersey law. The guidance generally tracks that published by the federal Equal…
Mandatory Flu Vaccination Policy Does Not Give Rise To Pregnancy Discrimination Act Claim
By Shannon D. Farmer, Jay A. Zweig & Amy L. Schwartz on
In a decision with potential implications for employers who are considering implementing a mandatory COVID-19 vaccine policy, a federal court in New York found that a hospital employee who was terminated in December 2017, for not complying with her employer’s mandatory flu vaccine policy, failed to adequately support her claim for pregnancy discrimination. In Allison …
President Biden Signs American Rescue Plan Act of 2021
On March 11, 2021, President Biden signed the American Rescue Plan Act. At $1.9 trillion, it is the second largest stimulus bill in legislative history. The ARP includes labor-related spending initiatives important to both employers and employees.
Employers should particularly take heed of the increased funding to OSHA for enforcement actions, which could indicate a…
Employee Files Suit Alleging Employer-Mandated COVID Vaccine Violates Emergency Use Authorization Law
By Tara L. Humma & Meredith S. Dante on
On February 28, 2021, an employee of a county detention center filed suit in federal court in New Mexico seeking an injunction to prevent the employee from being fired for refusing to get a COVID-19 vaccine on the basis that the vaccines have only been approved by the U.S. Food and Drug Administration (FDA) under…
Upcoming CLE Webinar: Vaccines in the Workplace
Thursday, March 18, 2021 | 9:00 AM – 10:00 AM AZT
As the law and practical situations faced by employers progress with the rollout of COVID-19 vaccines, including the just-approved Johnson & Johnson single shot vaccine, and companies continue to examine what a partially vaccinated workforce and population will mean for them, a clear and…
EEOC Withdraws Proposed ADA Wellness Program Rules, Leaving Vaccine Incentives in Limbo
By Shannon D. Farmer & Edward I. Leeds on
As employers wrestle with whether to require vaccines for employees or how to encourage employees to get vaccinated voluntarily, many companies are implementing incentive programs that provide gifts, paid time off and even cash payments to employees who get vaccinated. In doing so, employers need to consider whether their vaccine programs should be treated as…