On November 15, the Florida Legislature convened for a special session to consider four proposed laws reacting to the recent federal vaccine mandates applicable to various employers throughout the country.
An arbitrator recently considered issues relating to a Vaccinate or Test Policy that provided, among other things, that if employees refuse to test, they will be placed on an unpaid leave of absence for a maximum of six weeks and terminated thereafter.
Newly released NLRB Operations Management Memorandum 22-03 concerns bargaining obligations under the Department of Labor’s Emergency Temporary Standard to Protect Workers from Coronavirus.
On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in a separate case, Arbitrator Stout struck down such a policy in Electrical Safety Authority and Power Workers’ Union.
On November 15, 2021, Puerto Rico Governor Pedro Pierluisi issued Executive Order No. 2021-075, which integrates prior COVID-19-related orders still in effect and, notably, includes vaccine/testing requirements for employers with over 50 employees.
On Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 “vaccine or test” emergency temporary standard.
An Ontario arbitrator recently dismissed a union’s policy grievance and upheld a mandatory COVID-19 vaccination policy on the grounds that it was reasonable and did not breach the collective agreement.
The 2nd Circuit has upheld NY’s vaccine mandate for healthcare workers, rejecting arguments advanced by healthcare professionals that the mandate’s failure to provide for religious exemptions violated their religious freedoms and should be enjoined.
A discussion of considerations for Florida employers given the ETS mandates and potential Florida legislative action related to vaccine mandates generally.
