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Written by: Jacqueline Voronov, Esq. And the legal challenges to President Biden's vaccine mandate keep on coming… Missouri, Iowa and a coalition of eight (8) other states have filed a lawsuit against President Joe Biden and key administration officials over the CMS requirement that health care workers must be vaccinated against COVID-19 as a condition of doing business with Medicare or Medicaid. The nearly 60-page complaint, which can be found

In an update published by Forbes on November 4, 2021, Columbus Partner Mariel Smith discusses how the Occupational Health and Safety Administration’s (OSHA) vaccine rules could impact an employee’s unemployment benefits if they get fired. Subscribers to Forbes.com may read the complete article here.

Written by: Allison Averbuch, Esq. and Baylee Culverhouse, Esq. In July 2021, President Biden issued a comprehensive Executive Order to tackle “the most pressing competition problems” facing the country’s economy.[1] The Order includes 72 initiatives aimed at promoting competition—one of which encourages the Chair of the Federal Trade Commission (FTC) “to exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of

Written by: Allison Averbuch, Esq. In a speech on September 9, 2021, President Biden announced that his administration asked the Department of Labor to develop emergency rules requiring all employers with 100 or more employees to ensure their workforces are fully vaccinated against COVID-19 or show a negative test at least once a week. Some experts are questioning whether such rules would overstep DOL authority and lawsuits have been

Written by: Joseph A. Keane, Esq. New York City Mayor Bill De Blasio’s Emergency Executive Order 225, otherwise known as the “Key to NYC” vaccine mandate, took effect on August 17, 2021, to combat the highly transmissible Delta variant of COVID-19. In a continuing effort to mitigate the spread of COVID-19 and protect against severe illness, De Blasio ordered covered entities to prohibit employees and patrons from entering covered

In an article published by Part B News on September 20, 2021, Partner Mariel Smith is quoted discussing whether practice doctors can refuse access to unvaccinated patients. “It’s a very slippery slope,” she cautions. “Think of someone at the door or in the waiting room, and you telling them, ‘Sorry, we can’t see you because you [aren’t vaccinated].’ It could be seen as patient abandonment.” Smith further explains that policies

In an article published by Forbes Advisor on August 31, 2021, Partner Mariel Smith is quoted discussing whether employees who refuse to get vaccinated for COVID-19 as per their employer's policies might find themselves ineligible for unemployment benefits if they get fired. Employees have long understood that if they are fired, they can get unemployment benefits to tide them over until they find their next paycheck. But COVID-19 has

“To avoid suit over patient violence, assess and improve security – and document it,” Part B News In an article published by Part B News on July 19, 2021, Partner Mariel Smith is quoted discussing considerations for physician practices to limit liability related to patient violence. Recent news that a psychiatry resident at Penn Hospital in Philadelphia is suing the facility after a patient stabbed her brought questions of physician

Written by: Jacqueline Voronov, Esq and Robert Romeo It has been well over a year since the start of the coronavirus pandemic, and the Department of Labor ("DOL") has finally issued its highly anticipated COVID workplace safety rules.  In January 2021, President Joe Biden issued an Executive Order ordering the DOL to consider issuing an Emergency Temporary Standard (“ETS”) addressing COVID-19. After numerous delays, the final ETS was issued

In an article published online and in print in the Tampa Bay Business Journal on April 16, 2021, Partners Ryan Rivas and Jacqueline Voronov discuss unionization efforts in the COVID-19 era. “The challenges faced by employers due to COVID-19 have emerged as fresh opportunities for unions to galvanize employees more easily than ever before,” the authors write. “Statistics suggest that, for many private employers, a union-organizing campaign could be