Abigail M. Kagan
Subscribe to Abigail M. Kagan's PostsAbigail 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.
Supreme Court OKs CMS Vaccine Mandate but Blocks OSHA Rule
By Abigail M. Kagan, Michelle S. Strowhiro, Sandra M. DiVarco, Kristen O'Brien and Lindsay Ditlow 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 Michelle S. Strowhiro, Abigail M. Kagan and Sandra M. DiVarco 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 Abigail M. Kagan, Dawn Peacock, Lindsay Ditlow and Michelle S. Strowhiro 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 Abigail M. Kagan and Michelle S. Strowhiro 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 Abigail M. Kagan, Stephania Sanon, Lindsay Ditlow and Michelle S. Strowhiro 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 Abigail M. Kagan, Dawn Peacock, Michelle S. Strowhiro, Sandra M. DiVarco and Kristen O'Brien 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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OSHA and CMS Vaccination Rules Released: Here Are the Details
By Abigail M. Kagan, Dawn Peacock, Michelle S. Strowhiro, Sandra M. DiVarco and Kristen O'Brien on Nov 5, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for Medicare and Medicaid Services (CMS) simultaneously released its Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, applicable to most Medicare- and Medicaid-certified...
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Deadline for NY Employers: Workplace Safety Plan Due October 6, 2021
By Abigail M. Kagan, Michelle S. Strowhiro and Lindsay Ditlow on Sep 17, 2021
Posted In Employment
On September 6, 2021, New York Governor Kathy Hochul designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights (HERO) Act. This designation means that all New York employers must activate the workplace safety plans that they developed...
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OSHA Updates COVID-19 Safety Guidance for All Industries
By Michelle S. Strowhiro and Abigail M. Kagan on Sep 7, 2021
Posted In Employment
On August 13, 2021, the US Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance documents for employers in all industries. The new recommendations echo those published by the US Centers for Disease Control and Prevention (CDC) on July 27, 2021, and build upon OSHA’s healthcare industry requirements. In some of its most powerful...
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New York State Department of Labor Publishes Standard for Prevention of Airborne Infectious Diseases
By Lindsay Ditlow and Abigail M. Kagan on Jul 15, 2021
Posted In Employment, Health and Welfare Plans
On July 6, 2021, the New York State Department of Labor (NYSDOL) published its Airborne Infectious Disease Exposure Prevention Standard (Standard), as required under the New York Health and Essential Rights (HERO) Act. Under the Standard, employers with worksites located in New York are required to either adopt the NYSDOL’s model exposure prevention plan or...
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