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Worker Cash-for-Vaccine Incentives Boom Despite Legal Questions, Bloomberg Law

February 08, 2021

Partner Sharon Masling was quoted in a Bloomberg Law article about more employers offering financial incentives in exchange for their employees getting the COVID-19 vaccine. The quickly evolving situation touches on a number of areas in employment law, including health privacy laws and the Americans with Disabilities Act (ADA). In the article, Sharon said who administers the vaccine also could be a factor in whether ADA requirements apply. “Where this becomes an issue is not in respect to the vaccine itself, but rather the screening questionnaires prior to getting a vaccine,” she said. An employer could presumably avoid that issue if the employer incentivizes the employee to get the vaccine from an unrelated third party, like a local pharmacy or public health agency, which would then pose the screening questions. “If that’s the case, then there are no limits on incentives,” Sharon said in the article.

Read the full Bloomberg Law article >>