By Mauro Ramirez, Partner, Fisher Phillips   The general public has reacted to the COVID-19 vaccine with both enthusiasm and apprehension. Primary concerns relate to the vaccine’s speedy development when compared to prior vaccines and its potential side effects.   Even healthcare workers have expressed such concerns. According to data collected by the Kaiser Family Foundation (KFF), as of December 2020, about 29% of healthcare workers said that they probably or definitely would not get...

By Brian London, Associate, Fisher Phillips The Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., protects employees by establishing a minimum hourly rate of pay, maximum work hours, and overtime compensation for work in excess of 40 hours per week.  Employers who violate these requirements, even unintentionally, are often subject to costly wage and hour lawsuits in federal court. On January 12, 2021, the United States Fifth Circuit Court of Appeals issued...

By Hollie Reiminger, Of Counsel, Houston, Fisher Phillips As organizations ring in 2021 with smaller budgets and an eye toward cost-cutting measures, it is a good time to reflect on the recent wage and hour developments to proactively manage the anticipated increase in federal lawsuits. Claims brought under the Fair Labor Standards Act (FLSA) — specifically collective actions — will be prevalent in the new year in light of at least three key developments: a...

By A. Kevin Troutman If this year had been a heavyweight fight, the referee probably would have stopped it. Throughout 2020, healthcare employers absorbed one thundering haymaker after another. If that were not challenging enough, the year was filled with surprises, with more zigs and zags than the scariest rollercoaster. While the worldwide pandemic and its challenges took center-stage, employers faced a string of additional challenges:  heightened racial tensions and social justice protests, with images...

By A. Kevin Troutman, Partner, Fisher Phillips   While the COVID-19 pandemic continues to wreak havoc and uncertainty around the world, an extraordinary group of people has remained steadfast and reliable. That group of course is healthcare workers. Anyone who has been a patient in an intensive care unit has faced any frightening health predicament or has been with a loved one during a health crisis understands this: No hero stands taller than a healthcare...

By Ehsan Tabesh, Partner, Fisher Phillips Last month, the U.S. Department of Labor Office of Inspector General (“OIG”) confirmed what many have warned for months: a rapid rise in COVID-19 related workplace safety whistleblower retaliation claims with the Occupational Safety and Health Administration (“OSHA”). The predicted deluge of complaints, and the OIG’s report detailing the agency’s planned response, place employers on notice of a new wave of COVID-19 litigation that is upon us. Hospitals, physician...

By A. Kevin Troutman, Partner, Co-Chair, Healthcare Practice Group, Fisher Phillips  With the flu season nearly upon us and the COVID-19 pandemic continuing, employers’ mandatory vaccination practices may soon become more important and more controversial than ever, especially in the healthcare industry. The reasons for this are many. First, the Centers for Disease Control (CDC) has stated that getting the flu vaccine this fall may be more important than ever, to reduce health risks for...

By Joe Gagnon, Partner, Fisher Phillips, Healthcare Industry Team   While an employee injury claim arising from occupational exposure to harmful substances or organisms is nothing new, the current novel coronavirus pandemic represents an additional type of occupational exposure claim for employers to confront.  The virus can, of course, spread at any place of employment. Indeed, industries outside of healthcare have been the scene of much-publicized cases of workplace infection of COVID-19. That said, healthcare...

By A. Kevin Troutman, Partner, Fisher Phillips As the global pandemic continues, a strong new wave of COVID-19 cases has emerged, this time accompanied by a groundswell of employment litigation, as hungry plaintiffs’ lawyers line up a host of claims that are directly or indirectly related to the pandemic. By the end of June, well over 250 such lawsuits had been filed nationwide.  California, Florida, New and New Jersey had seen the most cases, but...

By Pamela Williams, Partner, Fisher Phillips   With the continuing COVID-19 pandemic, the Occupational Safety and Health Administration (OSHA) has placed an increased focused on the obligations of healthcare employers to provide employees a safe work environment.  OSHA recently published an alert regarding COVID-19 guidance for nursing home and long-term care facility workers, with recommendations for practices to reduce the risk of exposure to the coronavirus. While the suggested practices are laudable, some of the...