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Mandating COVID-19 Vaccines for Employees: Just Because You Can (Maybe), Doesn’t Mean You Should

Mandating COVID-19 Vaccines for Employees: Just Because You Can (Maybe), Doesn’t Mean You Should

June 17, 2021 at 1:22 PM - employee policies,

As discussed in an earlier post, adopting a mandatory vaccination policy for employees is not a simple decision. Among the many factors to consider is the potential risk of legal action arising under federal laws such as the Americans With Disabilities Act (ADA) or the National Labor Relations Act, as well as state-law challenges alleging public policy violations or wrongful termination of employment. Recently, some employers have decided to require COVID vaccines for employees, citing Equal Employment Opportunity Commission (EEOC) Updated Guidance in support of this policy.  Many other employers are still considering how to proceed. Despite the EEOC’s position that an employer may enact a mandatory vaccination policy for all of its employees physically entering the workplace, mandatory vaccine policies are not without risk of unintended, negative consequences for the organization.

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Massachusetts’ New COVID-19 Paid Sick Leave Law

Massachusetts’ New COVID-19 Paid Sick Leave Law

June 8, 2021 at 11:00 AM - paid leave,


On May 28, 2021, Massachusetts Governor Charlie Baker signed a new law providing job- protected, emergency paid sick leave for COVID-related illness, quarantine and vaccinations (“COVID-19 Sick Leave”) for all employees in the Commonwealth.

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Contract Signed, Deal Done: 4 Important Next Steps

Contract Signed, Deal Done: 4 Important Next Steps

May 18, 2021 at 1:47 PM - commercial contracts,

We’ve all heard stories about lavish closing dinners (perhaps you’ve attended one or more), where the completion of large corporate transactions are celebrated over dinner, drinks and token gifts of appreciation. Yet, even the execution of a small commercial agreement can be cause for raising a glass or simply breathing a deep sigh of relief. Hard work deserves a moment of pause. However, once the ink has dried on a newly-executed agreement and the party is over, what happens (or should happen) next? Placing the agreement into a neat, three-ring binder may feel organized, but it will not ensure performance under the agreement.

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U.S. Imposes Travel Ban on Noncitizens Recently Present in India

U.S. Imposes Travel Ban on Noncitizens Recently Present in India

May 3, 2021 at 2:09 PM - Immigration,

In response to the tragic COVID-19 outbreak unfolding in the Republic of India (“India”), President Biden has issued a Proclamation that, effective May 4, 2021, suspends entry into the U.S. for certain noncitizens who were physically present in India during the 14-day period preceding their entry or attempted entry. This new restriction largely mirrors those already in effect for travel from Brazil, People’s Republic of China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom.

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Federal Trade Commission begins enforcement of COVID-19 Consumer Protection Act

Federal Trade Commission begins enforcement of COVID-19 Consumer Protection Act

May 3, 2021 at 1:24 PM - COVID-19,

The COVID-19 Consumer Protection Act (COVID-19 Act) was passed last year to protect the public from deceptive marketing related to the treatment, cure, prevention, mitigation, or diagnosis of COVID–19, or any government benefit related to COVID-19, by making such practices illegal under the Federal Trade Commission Act (FTC Act). The COVID-19 Act also authorizes the Federal Trade Commission (FTC) to seek civil monetary penalties for first-time violations of the COVID-19 Act, a remedy not normally available under the FTC Act.

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New Supplemental Paid Sick Leave Law passed in California

New Supplemental Paid Sick Leave Law passed in California

May 3, 2021 at 9:31 AM - COVID-19,

On March 29, 2021, a new California law took effect mandating COVID-related supplemental paid sick leave for employers with more than 25 employees. Specifically, Senate Bill (SB) 95 creates new Labor Code Section 248.2, which requires employers to provide supplemental paid sick leave for certain absences related to COVID-19, in addition to other paid time off benefits to which they are already entitled. This law (referred to below as the “2021 SPSL law”) applies retroactively to January 1, 2021 and is effective through September 30, 2021.

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Changing Tides in U.S. Labor Relations

Changing Tides in U.S. Labor Relations

April 27, 2021 at 3:02 PM - NLRB,

On March 31, newly appointed Acting General Counsel of the National Labor Relations Board (NLRB), Peter Sung Ohr, issued a memorandum to all Regional Directors advising that his office plans to robustly enforce workers’ rights under Section 7 of the National Labor Relations Act (NRLA), including the right to engage in concerted activities for mutual aid or protection.

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Connecticut Follows Trend in Banning Hair Discrimination in the Workplace

Connecticut Follows Trend in Banning Hair Discrimination in the Workplace

April 16, 2021 at 12:55 PM - employee policies,

On March 4, 2021, Connecticut Governor Ned Lamont signed into law House Bill No. 6515, which prohibits discrimination on the basis of ethnic hairstyles historically associated with race. Known as the CROWN Act (which stands for Creating a Respectful and Open World for Natural Hair), the law amends Connecticut’s anti-discrimination law to define race as “inclusive of ethic traits historically associated with race, including but not limited to, hair texture and protective hairstyles.” Under the new law, "protective hairstyles" include "wigs, headwraps and hairstyles, such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs." 

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