Carole A. Spink

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Carole A. Spink focuses her practice on international and domestic employment law counseling. Carole advises on appropriate employment structures, onboarding requirements, employment agreements, handbooks and policies, bonus and commission plans, expats, non-competes, reductions in force and terminations. She has extensive experience handling employment issues in mergers and acquisitions, spin-offs, corporate reorganizations, outsourcings as well as post acquisition integration matters. She also advises on cross-border employment compliance. Read Carole Spink's full bio.

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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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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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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Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School and State Workers and Students


By , , , and on Sep 2, 2021
Posted In Employment, Health and Welfare Plans

On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are medically able must wear face coverings indoors and in other specified settings. In addition, the Order mandates COVID-19 vaccination for certain professionals in...

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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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Global Employment Law Update


By , , , and on Jun 30, 2021
Posted In Benefit Controversies, Employee Benefits, Employment, Fiduciary and Investment Issues, Health and Welfare Plans, Labor, Privacy and Data Security, Retirement Plans

Employment law continues to evolve, and it can be a challenge amid an ever-changing landscape of local employment laws for human resources executives and employment counsel at multinational businesses to maintain a consistent global corporate culture. McDermott’s Global Employment Law Update brings you the key highlights from across Asia, Africa, Europe, Latin and North America....

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