By Jacqueline Del Villar and Kevin Troutman, Fisher Phillips With major legal challenges now behind it, the Centers for Medicare and Medicaid Services (CMS) is moving forward with the implementation and enforcement of a rule that will require essentially all “staff” at covered healthcare facilities in Texas to have received COVID-19 vaccinations. The first major deadline is now just days away. When the U.S. Supreme Court ended a whirlwind of legal challenges by ruling that...

By Alexa R. Hanlon, Associate, Fisher Phillips From the advent of the COVID-19 vaccine to the present, the use of fraudulent vaccine cards by employees and consumers alike has markedly proliferated. The growth, resulting in a robust online black market for fake cards, is widespread and impacts both domestic and international industries. As a vulnerable industry already inundated with sick patients, the healthcare community is not immune from the scammers; therefore, companies should be vigilant...

By Pamela Williams, Partner, Fisher Phillips The ongoing pandemic has undoubtedly (and understandably) taken a toll on healthcare workers, many of whom have worked tirelessly in challenging conditions for almost two years as the COVID-19 crisis continues to impact the world in an unexpected manner. As a result of an unfortunate combination of factors, including unprecedented levels of stress and burnout related to the pandemic, healthcare employers are facing severe staffing shortages resulting from workers...

By John Skousen, Partner, Fisher Phillips The U.S. Department of Labor (DOL) has the authority, through the Wage-Hour Division (WHD), to conduct inspections of workplaces and wage-hour audits.  DOL audits can lead to enforcement actions against employers found to be in violation of the Fair Labor Standards Act (FLSA), and related statutes governing wage payments.  The FLSA provides the WHD, through record audits and related inspections, to engage in “discovery” used to establish liability in...

By Marilyn Higdon, Associate, Healthcare, Fisher Phillips The Biden Administration’s sweeping vaccine mandate, a key stepping-stepping stone on its “Path Out of the Pandemic,” will soon compel COVID-19 vaccinations for the majority of healthcare workers across Texas and the rest of the country. Frequently referring to COVID-19 as a “pandemic of the unvaccinated,” the Administration has called on the Centers for Medicare & Medicaid Services (“CMS”) to publish an Interim Final Rule with Comment Period...

BY Kevin Troutman and Jacqueline Del Villar, Fisher Phillips   Although many were hopeful that a national vaccine rollout would bring some sense of normalcy by summer’s end, with fall now upon us and the Delta variant continuing to surge, such hopes have come and gone. Instead, with the continuance of the pandemic, the controversy surrounding vaccinations, and ever-evolving state and national legislation, pandemic-related litigation continues to rise. Employers must remain on high alert as...

By Ehsan Tabesh, Partner, Fisher Phillips President Joe Biden announced sweeping new mandates that will require all federal employees and onsite contractors to be vaccinated against the coronavirus or to submit to regular testing, social distancing, mask-wearing, and travel restrictions.  The new directive is part of a larger push to increase vaccination rates as the Delta variant of the coronavirus fuels a new wave of infections nationwide.  Although the mandate is limited to federal workers,...

BY A. Kevin Troutman, Partner, Fisher Phillips During the past few weeks, regulatory and legal developments seem to be providing more clarity for healthcare and other employers who are working through what they hope will be the final stages of the global COVID-19 pandemic. Both the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) recently updated their guidance, demonstrating tremendous confidence in the importance and effectiveness of COVID-19...

BY A. Kevin Troutman, Partner, Fisher Phillips, and Jessica Harrell, Ph.D., Cell & Developmental Biology . Even as people continue to get fully vaccinated and federal agencies such as the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) relax guidance about them, the fight against COVID-19 is far from over. Continuing to increase vaccination rates, especially among healthcare workers, remains a critical step toward enabling everyone, including employers,...

By A. Kevin Troutman, Partner, Fisher Phillips As more Texans continue to receive COVID-19 vaccines and clinical data seems to be trending favorably, both local and national media has devoted considerable attention to Houston Methodist’s mandatory vaccination policy and the amplified opposition of a nurse who opposes that policy. This story highlights issues that every healthcare employer should think about if they are considering adopting a similar policy. To its credit, Methodist announced its well-reasoned,...