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The Challenges and Opportunities of Hybrid Work


By on Apr 26, 2022
Posted In Benefit Controversies, Employee Benefits, Employment, Labor, Privacy and Data Security

What are some of the challenges and opportunities of hybrid work arrangements? In this Lexology GTDT Market Intelligence article, McDermott Partner Carole Spink offers insight about tracking remote work, navigating local rules, and protecting confidential and propriety information. Access the article.

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US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated


By , and on Jan 28, 2022
Posted In Employment, Labor

California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal Arbitration Act (FAA) “requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.”...

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Round Up of 2021 Legal Issues for US Remote Workers


By on Dec 29, 2021
Posted In Employment, Labor

In a global interview panel sponsored by Lexology, McDermott Partner Carole A. Spink discusses the most critical US legal issues for remote workers. Spink explains how US employers can best prepare for the continuation of remote work and its corresponding legal complexities. Access the report.

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Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate


By , , and on Dec 21, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

A flurry of litigation in federal district and appellate courts has led to an even split between states in which the COVID-19 vaccine mandate issued by the US Centers for Medicare and Medicaid Services (CMS) may be implemented and states in which such implementation has been prevented. Additional appeals are expected shortly; however, the practical...

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Vaccine Exemption Requests Put Legal Departments in Tricky Spot


By on Nov 11, 2021
Posted In Employment, Health and Welfare Plans

As more employers mandate vaccines for their workforces, in-house legal departments are encountering a host of challenges, including understanding religious accommodations and minimizing litigation exposure. According to this article published in Law.com, employers should have the ability to navigate Americans with Disabilities Act (ADA) and Title VII-related accommodation requests. However, McDermott Partner Carole Spink said...

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Four Things To Know About COVID ‘Long-Haulers’ At Work


By on Aug 31, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

Research continues to shed light on COVID-19’s long-term health effects for some people, and these “post-COVID conditions” will create additional challenges for employers. In this Law360 article, McDermott partner Carole A. Spink says employers should be aware that long-haul COVID symptoms mean additional accommodations for employees. “As they have done throughout the pandemic, employers should...

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What Should Be in a Vaccination Policy?


By on Aug 17, 2021
Posted In Employment, Health and Welfare Plans, Labor

Employers are facing a myriad of decisions as they consider vaccination requirements for their workforces. Mandatory vaccine policies, for example, should include rationale for why they are required, McDermott partner Carole A. Spink said in this Society for Human Resource Management article. The scope of any policy should be clearly identified and explain which employees...

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COVID-19 Laws and Regulations: A Midyear Update


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

As employers navigate evolving COVID-19 state and federal rules, workplaces will have to stay vigilant about changes throughout the second half of 2021. These include changes to mask mandates, the Occupational Safety and Health Administration’s Emergency Temporary Standard and the New York Health and Essential Rights (HERO) Act. Recent US Equal Employment Opportunity Commission guidance,...

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COVID-19 Vaccine Q&A


By , , and on Jul 7, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

Can employers mandate some employees get the vaccine and not others? Is there an obligation to consider requiring a COVID-19 test before coming back to work? What are the potential workers’ compensation claims relating to possible adverse reactions to a vaccine? Should employers mandate vaccinations? In this article, McDermott partners Carole Spink, Joseph Mulherin, Kathleen...

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Q&A: What Will the Future World of Work Look Like?


By on Jul 6, 2021
Posted In Employment

As governments around the world move to end lockdown restrictions, employers are examining how—and if—to bring their employees back to work. In this video, McDermott partner Carole A. Spink provides insight into the challenges facing both employers and employees. “The issue here in the US is a pragmatic one,” Spink notes. “How do you do...

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