COVID-19 Legal Research & News

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COVID-19 Resources

TOP STORY—D.C. Cir.: No judicial review of agency determination in the absence of filed reimbursement claim

By Jeffrey H. Brochin, J.D. “Channeling” requirement that Provider receive denial of concrete claim for reimbursement before filing for judicial review applied even to PHE Telehealth services. A federal appeals court in the District of Columbia has a...

TOP STORY—D.C. Cir.: No judicial review of agency determination in the absence of filed reimbursement claim
BLOG TRACKER—Noteworthy blog posts and other commentary
January 21, 2022

By WK Editorial Staff The week’s most insightful, intriguing, and entertaining blog posts from the securities, commodities, and corporate governance communities. Proskauer, SEC Defeats Motion to Dismiss Insider-Trading Complaint Alleging Novel “Shado...

BLOG TRACKER—Noteworthy posts and other commentary
January 21, 2022

By WK Editorial Staff The week’s most insightful, intriguing, or entertaining blog posts from the labor and employment law community: HR Defense, Avoid Possible Tragedy In The Future By Preparing For Disasters And Emergencies Now , by Brittany Buccel...

D.C. Circuit Oral Arguments to Remain Virtual
January 21, 2022

The U.S. Court of Appeals for the District of Columbia Circuit said today that in-person oral arguments will remain suspended due to the COVID-19 pandemic. “All oral arguments will proceed remotely by video conference using Zoom for Government until ...

EMPLOYEE LEAVE—M.D. Tenn.: Employee fired after requesting leave to take care of daughter due to COVID-19 closures advances EFMLEA, EPSLA claims
January 21, 2022

By Kathleen Kapusta, J.D. Though the company owner told her after her daughter’s school closed, “No worries on kids. Totally covered,” two months later, he was “done with her absences and lack of commitment.” An employee who was fired a little over t...

EXPERT INSIGHTS—California's COVID-19 regulations extended through April
January 21, 2022

By Deepti B. Gage, Jessalee L. Landfried, Jayni A. Lanham and Kaitlyn D. Shannon of Beveridge & Diamond The Standards Board is also continuing to consider adoption of a permanent standard for COVID-19. California's Second Readopted COVID-19 Emergency...

EXPERT INSIGHTS—Post-U.S. Supreme Court OSHA ruling: managing omicron and coronavirus in the workplace
January 21, 2022

By Lawrence Lee of Jones & Keller PC The U.S. Supreme Court OSHA ruling that officially blocked President Biden's workplace vaccine mandate for most businesses means employers can move forward with solutions to consider in view of emerging variants a...

AGENCY NEWS—CMS updates deadlines for compliance with health care vaccine mandate
January 19, 2022

By Sheila Lynch-Afryl, J.D., M.A. The only state not currently subject to the mandate is Texas. Health care workers in the 24 states where the U.S. Supreme Court reinstated CMS’ vaccine mandate must have their first shot by February 14 and be fully v...

BANKING OPERATIONS—Waters, Warner ask Fed to issue ECIP guidance
January 19, 2022

By Charles A. Menke, J.D. In a letter to Fed Chair Jerome Powell, the legislators sought clarification of issues raised by ECIP recipients. Representative Maxine Waters (D-Calif) and Senator Mark Warner (D-Va) have written to Federal Reserve Board Ch...

COVID-19 Resources

TOP STORY: CMS updates deadlines for compliance with vaccine mandate

By Sheila Lynch-Afryl, J.D., M.A. The only state not currently subject to the mandate is Texas. Health care workers in the 24 states where the U.S. Supreme Court reinstated CMS’ vaccine mandate must have their first shot by February 14 and be fully v...

TOP STORY: CMS updates deadlines for compliance with vaccine mandate
CORPORATE GOVERNANCE—Blackrock’s Fink seeks to explain stakeholder capitalism
January 18, 2022

By Mark S. Nelson, J.D. Larry Fink’s annual letter to CEOs and chairs explained that stakeholder capitalism is not an ideological concept but rather is a network of mutually beneficial relationships among numerous groups serving or being served by th...

DISCRIMINATION—DISABILITY—C.D. Ill.: Employee fired after calling out with fever, COVID-19 exposure can’t advance ADA claim
January 18, 2022

By Brandi O. Brown, J.D. Her allegations did not support a conclusion that her fever was disabling and she did not actually have COVID. A medical center employee who was fired upon her return from work after having been told not to report due to feve...

EXPERT INSIGHTS—Departments issue guidance addressing coverage of over-the-counter COVID-19 tests
January 18, 2022

By Katie Bjornstad Amin, Jon Breyfogle, Lisa Campbell, Christine L. Keller, Tamara Killion, Seth Perretta, Christy Tinnes and Jessica Winslow of Groom Law Group Plans and issuers must cover OTC COVID-19 tests that meet the statutory criteria under th...

COVID-19 Resources

TOP STORY—6th Cir.: Government shutdown order not a ‘physical loss’ to trigger insurance coverage of business losses

By Leah S. Poniatowski, J.D. Kentucky Supreme Court was predicted to agree that an average person would not deem a COVID-19 mandate to be a tangible deprivation of property. A dentist whose practice lost income during a six-week shutdown for routine ...

TOP STORY—6th Cir.: Government shutdown order not a ‘physical loss’ to trigger insurance coverage of business losses
EXPERT INSIGHTS—Supreme Court Strikes Down OSHA’s Vaccine ETS: An Employer’s 6-Step Priority List
January 14, 2022

By Megan L. Janes, Emily N. Litzinger, Todd B. Logsdon, Richard R. Meneghello, J. Hagood Tighe, A. Kevin Troutman, Travis W. Vance and Kristin R.B. White of Fisher & Phillips, LLC There is an unlikely chance that the Sixth Circuit Court could determi...

LABOR PULSE—The Eyes of America Will Be on the International Longshore & Warehouse Union This Month. Try Not to Blink
January 14, 2022

By Dr. Jim Castagnera, Esq. In this month’s Labor Pulse, Jim Castagnera warns readers to “brace for a real brouhaha.” This month, Dr. Castagnera considers upcoming ILWU negotiations in the context of the pandemic, recent gains by workers, concerns ab...

PROCEDURE—U.S.: Supreme Court stays injunctions that barred enforcement of CMS vaccine mandate
January 14, 2022

By Sheila Lynch-Afryl, J.D., M.A. According to the Court, ensuring that providers take steps to avoid transmitting a “dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm.” The U....

WORTH NOTING—Other regulatory, legislative, litigation, and industry developments
January 14, 2022

By WK Editorial Staff A weekly roundup of other items of interest to the banking and finance law community. BANK SECRECY ACT —The Financial Crimes Enforcement Network is requesting comments on the proposed renewal, without change, of a currently appr...

COVID-19 Resources

TOP STORY—U.S.: OSHA large employer COVID vaccine mandate stayed

By Kathleen Kapusta, J.D. Ordering 84 million Americans to either obtain a COVID-19 vaccine or undergo weekly medical testing at their own expense, is a “significant encroachment into the lives—and health—of a vast number of employees.” Finding that ...

TOP STORY—U.S.: OSHA large employer COVID vaccine mandate stayed
TOP STORY: Supreme Court stays injunctions that barred enforcement of CMS vaccine mandate
January 13, 2022

By Sheila Lynch-Afryl, J.D., M.A. According to the Court, ensuring that providers take steps to avoid transmitting a “dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm.” The U....

AGENCY NEWS—EEOC and OFCCP launch hiring initiative to help advance equal employment opportunities
January 13, 2022

By Pamela Wolf, J.D. To commemorate Martin Luther King, Jr. Day and launch the initiative, the two agencies will hold a virtual public roundtable on January 19, 2022, at 2 pm ET. The EEOC and the Office of Federal Contract Compliance Programs (OFCCP)...

COVID-19—OTHER AGENCY DOCUMENTS: Labor, HHS, and Treasury respond to recent COVID-19-related statutory questions
January 13, 2022

By Kristofer Ray, PhD Guidance clarifies that individuals who purchase over the counter COVID-19 tests (OTC tests) can seek reimbursement from their insurance provider. The Departments of Labor, HHS, and the Treasury (the departments) have addressed ...

EMPLOYEE LEAVE—N.D. Ill.: Employee not allowed to return after positive COVID test advances EPLSA, FMLA claims; ADA claim dismissed
January 13, 2022

By George Basharis, J.D. The employee alleged claims against her glass products producer employer for unpaid sick leave and retaliation in relation to her positive COVID-19 test and resulting self-quarantine. An employee who tested positive for COVID...

HEALTH CARE EMPLOYMENT ISSUES—D.R.I.: Rhode Island healthcare workers’ bid to enjoin enforcement of state’s COVID-19 mandate nixed
January 13, 2022

By Kathleen Kapusta, J.D. “Courts in this country have held for over a century that mandatory vaccination laws are a valid exercise of a state’s police powers, and such laws have withstood constitutional challenges.” Refusing to enjoin enforcement of...

HEALTH CARE EMPLOYMENT ISSUES—U.S.: OSHA large employer COVID vaccine mandate stayed
January 13, 2022

By Kathleen Kapusta, J.D. Ordering 84 million Americans to either obtain a COVID-19 vaccine or undergo weekly medical testing at their own expense, is a “significant encroachment into the lives—and health—of a vast number of employees.” Finding that ...

HOUSE NEWS—Lawmakers press President Biden to make OSHA’s healthcare ETS permanent
January 13, 2022

By Pamela Wolf, J.D. “We are in desperate need of a continued strong, enforceable standard to provide full protections for these workers for the duration of the pandemic,” the lawmakers wrote in a letter. Congresswoman Debbie Dingell (D-Mich.), leadi...

PROCEDURE—D. Col.: Individuals seeking exemption from vaccination had right to file pleadings under pseudonyms
January 13, 2022

By Jeffrey H. Brochin, J.D. Applying balancing criteria, employees had a substantial privacy right in protecting against public knowledge of their identities that outweighed the presumption of openness in judicial proceedings, allowing them to procee...