Abigail M. Kagan

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Abigail M. Kagan focuses her practice on employment law, with particular experience in conducting transactional due diligence, defending single-plaintiff, class and collective actions, second-chairing labor negotiations, and drafting personnel policies and other employment documents. She has advised clients on EEO concerns, the gig economy, data privacy, leaves of absence, reductions in force, wage and hour audits, unemployment insurance, short-term disability, restrictive covenants, and NLRA application to non-union members. Read Abigail Kagan's full bio.

OSHA Reaffirms Arrival of Permanent Healthcare Industry COVID-19 Standard


By , and on Mar 31, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On March 22, 2022, the US Occupational Safety and Health Administration (OSHA) announced a limited reopening of the rulemaking record for the COVID-19 emergency temporary standard for the healthcare industry, originally published on June 21, 2021 (the Healthcare ETS). OSHA will hold an informal public hearing to gather additional information from healthcare industry stakeholders. With...

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New York State Ends COVID-19 HERO Act Designation


By and on Mar 24, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

On March 17, 2022, New York State’s Commissioner of Health ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the New York Health and Essential Rights (HERO) Act. As of that date, private sector employers in New York State are no longer required...

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OSHA Hints at Permanent COVID-19 Standard, Withdraws Vax-or-Test ETS


By , and on Jan 27, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose vaccination or testing requirements upon their employees. The withdrawal will be effective as soon as the announcement is published in the Federal Register, which is...

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As Some Healthcare Employees Work While Sick, Could Other Industries Follow Suit?


By on Jan 26, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

Throughout the latest COVID-19 wave, some healthcare employers have relaxed safety measures to bring COVID-positive employees back to work. According to this Corporate Counsel article, these decisions may signal a new direction in how businesses deal with safety measures as they navigate a competitive labor market and demand. McDermott’s Abigail M. Kagan noted many healthcare...

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Supreme Court OKs CMS Vaccine Mandate but Blocks OSHA Rule


By , , , and on Jan 18, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary: A 5-4 Court majority let the Centers for Medicare & Medicaid Services (CMS) enforce its vaccine mandate nationwide, impacting specified healthcare facilities. A 6-3 majority blocked the US...

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Federal Vaccine Mandates Are Back in Play (For Now)


By , and on Dec 22, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of today, the US Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) vaccine-or-test rule is enforceable nationwide, and the US Centers...

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New York City Unveils COVID-19 Vaccine Mandate Details


By , , and on Dec 17, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene (DOHMH), Dr. Dave A. Chokshi, published an order (the Order) requiring private employers to impose COVID-19 vaccine mandates upon all in-person employees within New York City, with limited exceptions, as of December 27, 2021. DOHMH provided a series...

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Georgia Court Issues Nationwide Injunction Blocking Federal Contractor Vaccine Mandate


By and on Dec 15, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On December 7, 2021, the US District Court for the Southern District of Georgia issued a nationwide injunction that blocks the federal government from enforcing the federal contractor and subcontractor vaccine mandate. The preliminary injunction issued is for the pendency of the litigation challenging the enforceability of the mandate filed by the states of Georgia,...

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NYC Announces Vaccine Mandate for All Employers Effective December 27, 2021


By , , , and on Dec 14, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

On December 6, 2021, New York City Mayor Bill de Blasio announced that all New York City employers, regardless of size, will be required to impose COVID-19 vaccination mandates on all employees (subject to legally protected exemptions) by December 27, 2021. This new vaccine requirement is in addition to the City’s existing COVID-19 vaccination mandate...

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Federal Appeals Court Temporarily Blocks New OSHA Rule


By , , , and on Nov 9, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On November 6, 2021, the US Court of Appeals for the Fifth Circuit temporarily blocked the Emergency Temporary Standard (ETS) issued on November 4, 2021, by the Occupational Safety and Health Administration (OSHA) requiring employers with 100 or more employees to implement COVID-19 vaccination policies. The ETS is stayed until further notice, halting its implementation...

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