As the pace of the COVID-19 vaccine rollout accelerates, the roles of various players continue to evolve among government, public companies, and private entities. Employers, pharmaceutical and supply manufacturers, healthcare service providers, educators, advertisers, transportation and logistics providers, and many others are continuously evaluating the potential implications of vaccine distribution for their industries and organizations worldwide. Morgan Lewis breaks down what opportunities, regulatory considerations, and legal obstacles still lie ahead.
Expectations for positive turns in many spheres of life, both commercial and social, have sprung at the arrival of COVID-19 vaccination. One of the popular questions is whether vaccination could change the current preference for working remotely (even as we see gradual easing of the remote work requirement in Russia) or whether it would be required as a condition to work in office. In this LawFlash we address whether an employer can require employees to vaccinate, whether the employee can seek to discontinue remote work following vaccination, and related matters.
Employers should note several recent legislative and regulatory developments in New York State related to the COVID-19 pandemic. On March 12, Governor Andrew Cuomo signed legislation entitling all public- and private-sector employees in the state to up to four hours of paid leave per injection to receive the COVID-19 vaccination.
The Centers for Disease Control and Prevention (CDC) issued public health recommendations for fully vaccinated people that provide guidance on activities these individuals can engage in as well as ongoing precautions of which to be aware. These updates include directions that apply to non-healthcare settings and specifically describe activities that the CDC deems to be low or high risk for individuals who are fully vaccinated against COVID-19. Separate from the CDC guidance, various states are beginning to issue more vaccine-related guidance, including on whether employers can mandate vaccines and whether otherwise applicable quarantine requirements apply to vaccinated individuals, which is in line with prior CDC guidance.
With the United Kingdom’s vaccination programme well underway, many employers are struggling with the best course of action for how to approach COVID-19 vaccines and their workforce. As mantras like “No Jab, No Job” circulate around the news, it raises the key question of whether employers can require their employees to be vaccinated before returning to work. To date, the UK government has left it up to individual employers to decide what is appropriate and justified in the context of their own workforce, and those decisions should be made with care. Here are a few of the most important things to consider as an employer deciding on the best course of action for requiring or encouraging COVID-19 vaccines.
The Centers for Disease Control and Prevention (CDC) has been actively reviewing its COVID-19 guidance over the past few weeks and as expected, the new administration has issued significant new guidance and updates. These updates include direction on topics relevant to employers, including testing, quarantining, and mask-wearing. First, new CDC guidance on testing advises employers to seek informed consent for any workplace-based COVID-19 testing program.
The Biden administration has vowed to invoke the Defense Production Act (DPA) to increase domestic production of essential supplies needed to respond to the COVID-19 pandemic. In this Insight, we address key features of the DPA, guidance for companies that may receive a rated order, financing incentives offered by the DPA, and how we anticipate the Biden administration will use the DPA over the next year.
In response to delayed EU shipments of certain COVID-19 vaccines to the European Union, the European Commission (Commission) passed on 29 January 2021 Regulation 2021/111 (Export Authorization Regulation) which is in force from 30 January 2021. The Commission intends for the Export Authorization Regulation to apply until at least 31 March 2021.
As the United States races to deliver safe and effective coronavirus (COVID-19) vaccines under the Biden administration, employers, healthcare providers, and many others are assessing what it means for their industries and organizations.
Immediately following his inauguration on January 20, US President Joseph R. Biden, Jr. began taking executive action to enact many of his administration’s initial priorities, which included a number of executive orders, memoranda, and directives to cabinet agencies to address policies he detailed during his campaign, including the COVID-19 pandemic, climate change, equality, and the global economy. To help clients navigate potential changes from these actions, Morgan Lewis has provided a quick analysis of many of these orders and their impact. We will release more detailed pieces as the president unveils additional specifics of his First 100 Days plan.
The United Kingdom on 2 December became the first country to approve the Pfizer-BioNTech vaccine for coronavirus (COVID-19), with approximately 500,000 people receiving the vaccine in the first two weeks of the largest vaccination programme in British history.
On the heels of the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a coronavirus (COVID-19) vaccine, the Equal Employment Opportunity Commission published an updated technical assistance bulletin that begins to address some of the questions employers have raised regarding whether they can require employees to get vaccinated for COVID-19, as well as considerations employers should be aware of if they do offer a COVID-19 vaccination program.
With coronavirus (COVID-19) vaccines on the horizon amid the surging pandemic, critical extensions expand the scope of liability immunity under the PREP Act.
The eagerly anticipated news of coronavirus (COVID-19) vaccine candidates last week has been welcomed by the scientific community across the globe. For employers, the news has prompted consideration of the potential implications of a successful vaccine for the workplace.
While workplace safety standards have been thrust into the national conversation since the coronavirus (COVID-19) pandemic began, Occupational Safety and Health Administration (OSHA) enforcement has been relatively quiet. That will likely change under a Biden administration.
Healthcare systems have been on the front lines of the coronavirus (COVID-19) pandemic and may have several questions about how to manage workforce challenges as we look toward the upcoming months.
With the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a COVID-19 vaccine, employers should consider the implications a new vaccine will have on their workplaces. Although much remains speculative, employers can look to the regulation of current vaccines as the basis for their preliminary planning. Those who begin to plan now will be better positioned to navigate the various risks and issues involved.
Morgan Lewis partner Klair Fitzpatrick and associate Daniel Kadish were quoted by HR Magazine in an article about mask policies in the workplace.
Partner Sharon Masling was interviewed by NJ Spotlight News about a new state law that opens the door to employer-mandated vaccinations before allowing employees to return to work.
Morgan Lewis partner Jacqueline Aguilera was quoted in an HR Magazine article about the COVID-19-related questions that are top of mind for employers.
Morgan Lewis associate Daniel Kadish spoke with the Washington Post about the potential for employers to compel employees to be vaccinated. “The thought process is the vaccine stops people from having severe illness or developing severe complications from COVID-19, and so it could help the individual from becoming a direct threat to themselves or others in the workplace,” said Dan.
In a recent International Employment Lawyer article, Morgan Lewis associate Daniel Kadish discussed the issues employers are considering around requiring employees to receive a COVID-19 vaccine.
Morgan Lewis associate Daniel Kadish was quoted in International Employment Lawyer, discussing the possibility of employer-mandated COVID-19 vaccinations in the United States.
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).
Partner Susan Harthill was quoted in an HR Dive article about the Occupational Safety and Health Administration’s guidance that requires vaccinated workers to continue to take cautionary measures to prevent the further spread of COVID-19.
Partner Jonathan Snare spoke with Law360 about new guidance from the Occupational Safety and Health Administration (OSHA) that requires vaccinated workers to continue to wear masks and take other measures to prevent the spread of COVID-19.
Partner Sharon Masling spoke with The Washington Post about the potential interaction of COVID-19 vaccine screening questions and the American with Disabilities Act.
Morgan Lewis associate Daniel Kadish was quoted in an HR Magazine article about best practices for employers amid the COVID-19 vaccine rollout. In the piece, Daniel noted that an employer must provide "reasonable accommodations" to workers who decide not to get the COVID-19 vaccine because of religious or disability concerns.
Morgan Lewis partner Sharon Masling discussed the future of remote working as part of a series of 2021 predictions collated by Legaltech News. Sharon, a director of the firm’s workplace culture consulting group, said, “Although vaccines offer some hope for returning to a pre-pandemic in-person work environment, remote work has become the new normal and employees increasingly expect to have remote work flexibility.”
Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post for an article about the likely implications of COVID-19 on the 2021 workplace.
Morgan Lewis partner Sharon Perley Masling spoke with Bloomberg Law about the legal questions for employers around mandating the COVID-19 vaccine. “Whether to mandate the vaccine is obviously an industry-by-industry and employer-by-employer decision,” said Sharon. “In most cases, however, our clients are deciding to strongly encourage their employees to get the vaccine rather than require them to do so while the vaccine is under an EUA.”
Partner Sharon Perley Masling was quoted in a Boston Globe article about best practices for employers seeking for their workforce to get the COVID-19 vaccine.
Morgan Lewis partner Sharon Masling spoke with CBS News about the Equal Employment Opportunity Commission’s recently released guidance that employers can mandate employees be vaccinated for COVID-19 in certain circumstances.
Morgan Lewis partner Sharon Perley Masling spoke with the HuffPost about the potential for employers to require employees to get a COVID-19 vaccine. “Most clients right now are leaning toward encouraging rather than requiring the vaccine, just because there are still so many unanswered questions,” said Sharon in the article. “I think it is wise for employers to start planning, but those plans are going to be revised as we get more information.
Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post about the unanswered questions employers are facing regarding a potential COVID-19 vaccine.
Morgan Lewis partners Matthew Howse, Pulina Whitaker, Louise Skinner, and Lee Harding’s blog post about the potential implications of a successful COVID-19 vaccine for the workplace was featured in recent Daily Mail article.
Morgan Lewis partner Michael Abernathy spoke with Business Insurance for an article about the pharmaceutical industry’s efforts to produce a COVID-19 vaccine.
Kathy Sanzo spoke with MedCity News regarding the Department of Health and Human Services’ Covid-19 vaccine development program, Operation Warp Speed, which aims to develop vaccines against the SARS-CoV-2 in the space of a year rather than the multiple years normally required
Morgan Lewis partner Kathy Sanzo spoke with Bloomberg Law about the efforts by drugmakers to produce a vaccine and navigate a web of US Food and Drug Administration (FDA) regulations.
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