News

As we all read the news reports the last week or so, the Delta variant of the Covid-19 virus is spreading quickly among the unvaccinated portion of society. Also, the pace of vaccinations in Arkansas has slowed with still fewer than one million Arkansans fully vaccinated. In response to this surge, hospitals, including UAMS, are reopening their Covid-19 units. This surge and the reaction by healthcare providers will have a ripple effect of causing limitations in healthcare services available for non-Covid needs.

It may seem a little late in the game, but acting in response to an Executive Order, OSHA issued an Emergency Temporary Standard (ETS) on June 10, 2021. This ETS only applies to “Healthcare Employers,” but that definition is broad – encompassing all settings where any employee provides “healthcare services” or “healthcare support services.”

Friday, Eldredge & Clark has been selected to join the Employment Law Alliance (ELA) as the exclusive member for Arkansas.

In the latest episode of Employment Matters Podcast, produced by the Employment Law Alliance, Attorney Michael Moore gives a local and national overview of vaccination and masking requirements for employers. He also discusses recent guidance from the EEOC on how employers can incentivize the vaccine for their employees.

On Thursday, May 13, the CDC made significant changes to its guidance regarding mask wearing for vaccinated individuals. The new guidance states: "Fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance."

COVD-19 cases are trending in a positive direction. Cases are down, and all adults may now receive a COVID-19 vaccine. While legislative efforts have been made to curtail an employer’s ability to mandate the COVID-19 vaccination onto their employees, as of today, those efforts have been unsuccessful. The question that seems to be on every employer’s mind is not whether they can mandate these vaccines, but whether they should.

On April 13, 2021, the Occupational Safety and Health Administration (OSHA) cited Liberty Tax Service of Lynn, Massachusetts for prohibiting its employees and customers from wearing masks, failing to ensure employees and customers practiced social distancing and refusing to implement other safeguards against the coronavirus. The Massachusetts-based business now faces $136,532 in penalties.