Do Employers Risk Suit if the Don’t Keep Up with the CDC’s Covid Guidance?
Lawsuits are Coming for Entities That Don’t Change COVID Mandates After CDC Update, Says Head of the New Civil Liberties Alliance.
Author: Michael S. Oswald, Chartered
Hi! I’m Michael Oswald. I am a business guy who also happens to be a lawyer. I love living in Boise, Idaho! I’ve also had the pleasure of living in Silicon Valley, Colorado Springs, Austin, and Orange County, CA.
I started this blog so business owners and senior execs could find actionable guidance on common legal issues. Titles of posts I have previously written include: “The Managerial Overtime Exemption, and How to Keep It,” “Using a Sales Contract that speeds up Getting to Yes,” and “Tone at the Top is Vital for Preventing Sexual Harassment!”
I provide a wide range of business-savvy legal services to small and medium companies and nonprofits. I am also certified to teach Real Estate Law by the Idaho Real Estate Commission.
My favorite thing to do for a business is to take their standard sales contract and strip it down from an unintelligible 20-page monstrosity to a concise, 3-page doc that is easy for their customers to understand and to sign!
I have experience in a number of industries, including Real Estate, Construction, Defense, and Technology (Hardware, Software and E-Commerce).
I look forward to collaborating with you!
What Risks do Employers Face if They Mandate COVID Shots in the Absence of Federal Mandates?
The Biden administration earlier this year issued three national mandates through OSHA, the CMS (see below) and the Department of Defense (DoD).
Does Asking Someone’s Vaccine Status Violate the ADA?
Making Medical Inquiry Can Violate the Americans with Disabilities Act.
Robin Shea of the Costangy, Brooks employment law firm posted this on Friday, 10/8/21:
https://www.constangy.com/employment-labor-insider/asking-for-vax-status-pre-offer-not
Are COVID Indemnity Laws Void if a State’s Emergency Declaration is Overturned?
David Horowitz wrote an article on Wednesday, June 9th, analyzing the court decision holding the state’s COVID restrictions unconstitutional.
LAUSD Backs Down on Experimental COVID-19 Vaccine Mandate
California School Boards Association Concedes Merits of Lawsuit by Health Freedom Defense Fund (HFDF).
OSHA: Employers may be Liable for Adverse Reactions to COVID Shots
Adverse Reactions to Mandatory Vaccinations are OSHA – Recordable.
Third Strike Against CDC Eviction Moratorium
In my 4/8/2021 post CDC Eviction Moratorium has two Strikes Against It, I wrote that two Federal District (i.e., trial) Courts had ruled against the moratorium.
Why Employers May Not Want to Mandate Vaccinations
Eric’s 4/23/20201 email from The Employer Handbook is titled: Why you might not want to mandate COVID-19 vaccinations at work. Plus, Oreo cake, a beverage (or two), and some COBRA.
CDC Eviction Moratorium has two Strikes Against It
The Centers for Disease Control and Prevention (“CDC”) issued a nationwide injunction last year against certain evictions for nonpayment of rent as part of its efforts to contain the spread of COVID 19. Two separate Federal District Courts, using different legal theories, have ruled against the CDC’s use of the moratorium.
Vaccine Mandate Lands Los Angeles Unified School District in Court
May an Employer Force an Employee to take Experimental Vaccines?
Does Antitrust Law Apply to the Market for Talent?
Antitrust Laws Restrain Agreements Among Competitors.
The Sherman Act and the Clayton Act are two federal statutes that set the foundation for U.S. Antitrust law more than 100 years ago.
Reasons to be Reasonable About Reasonable Accommodations
Eric B. Meyer with Reasonable Accommodations 101.
Eric B. Meyer of The Employer Handbook posted this on 3/01/2021: Rather than pay about $2,000 to install automatic doors, an employer loses a $650K disability discrimination verdict instead.
Michael S Oswald, Chartered 