COVID-19 Vaccines & Workplace Complexities

On Demand Webinar Credits CLE, HR Certification Institute, ASA, SHRM

February 26 at 1:00 - 2:00 pm EST

Understand the laws impacting mandatory vaccination programs and the key issues to consider when structuring a program.

COVID-19 vaccinations are now increasingly available to employees, and employers are anxious to have a vaccinated workforce in order to avoid future closures and outbreaks. However, there are legal complexities on structuring mandated vaccine programs under statutes administered by the EEOC, OSHA, the Department of Labor, and the National Labor Relations Board, as well as addressing worker resistance to mandated vaccination programs. This topic will address the various intertwining federal laws impacting mandatory workplace vaccination programs, ranging from the OSH Act, ADA, and Title VII to issues arising under collective bargaining agreements, wage and hour laws, FMLA, and state workers’ compensation laws. This topic will also outline key issues to consider when structuring a program, including on-site versus off-site, verification of vaccination status in light of both HIPAA and GINA, which refusals are protected, and what elements are needed to assert the direct threat to safety affirmative defense.

Learning Objectives
  • You will be able to define reasonable accommodation and direct threat to safety within the context of the Americans with Disabilities Act.
  • You will be able to describe how to structure vaccine incentive programs so they will not violate OSHA regulations or collective bargaining agreements.
  • You will be able to discuss which federal worker protection statutes apply to COVID-19 vaccine programs and which workers are protected under those statutes.
  • You will be able to explain how to document vaccine refusals and which actions can be taken when workers refuse on the basis of age, disability, religion, or political beliefs.
Agenda
Overview
  • Overview of Issue
  • Vaccine Basics
  • Key HR and Other Issues
EEOC Guidance on Mandatory Vaccines and Employment Law Issues
  • Trump-Era Guidance and Changes Under Biden EEOC
  • Religious Belief Exceptions and Reasonable Accommodation
  • ADA and GINA Issues, Reasonable Accommodation and Direct Threat to Safety Defense
  • Vaccines, Overtime Pay and FMLA Leave
Labor Law and Workers' Compensation Implications
  • Worker Right of Refusal Under NLRA
  • Issues of Vaccine Administration by Employer and Workers' Compensation
  • Employer Vaccine Incentive Programs and OSHA
Best Practices and Solutions
  • Best Practices for Addressing Employee Vaccinations for COVID-19
  • Employment and OSHA Solutions
  • Conclusion
Who should attend?

This live webinar is designed for human resource professionals, business owners and managers, benefits and payroll professionals, operations managers, presidents, vice presidents, supervisors, managers, controllers, accountants and attorneys.

In Partnership With Lorman Business Center, LLC


Your Instructor


Adele L. Abrams
Adele L. Abrams
  • President of the Law Office of Adele L. Abrams P.C., in MD, CO and WV; www.safety-law.com
  • Practice emphasizes all aspects of occupational safety and health and employment law
  • Conducts regular seminars and workshops on numerous OSHA, MSHA, and human resource issues
  • Wrote several publications related to the areas of occupational safety and health and employment law and hosts the podcast “Ask the Safety Lawyer” on the Safety Justice League channel
  • Memberships include ASSP, NSC, and ABA
  • J.D. degree, George Washington University; B.S. degree, University of Maryland

Credits

  • ASA 1.0
  • This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
  • AL CLE 1.0
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
  • AR CLE 1.0
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
  • Arizona CLE 1.0
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
  • CA MCLE 1.0
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
  • CT CLE 1.0
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
  • HI CLE 1.0
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
  • IL CLE 1.0
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
  • ME CLE 1.0
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
  • NH MCLE 1.0
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
  • NJ CLE 1.2
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
  • PA CLE 1.0
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
  • RI CLE 1.0
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
  • VT CLE 1.0
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
  • WA CLE 1.0
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
  • WI CLE 1.0
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
  • WV MCLE 1.2
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
  • HRCI Approved ProviderHR Certification Institute 1.0
  • This program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
  • SHRM-CP/SHRM-SCP Preferred ProviderSHRM 1.0
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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