Michelle S. Strowhiro
Subscribe to Michelle S. Strowhiro's PostsMichelle S. Strowhiro is an employment advisor and litigator. She provides trusted counsel to US and international companies on all aspects of employment law compliance. Michelle partners with clients to establish and maintain their strong and lawful employment policies and practices; manage their employee relationships from hire to termination; conduct workplace investigations; administer leaves and other workplace accommodations; and resolve disputes. She provides manager and employee trainings on management and sexual harassment. She regularly prepares and negotiates agreements, and advises companies on employment law issues for mergers and acquisitions. Michelle works with clients in the technology, fashion, food and restaurant, health care, sports, media and entertainment industries. Read Michelle Strowhiro'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, Lindsay Ditlow and Carole A. Spink 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, Christina S. Dumitrescu, 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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Businesses Left in Limbo on COVID-19 Mandate
By Michelle S. Strowhiro on Nov 15, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
Following a US Court of Appeals for the Fifth Circuit decision to temporarily block the Occupational Safety and Health Administration’s (OSHA) new vaccine requirement rule, many employers have found themselves in a state of confusion. According to this article published in The Hill, businesses could face steep penalties if they willfully violate the rule, such...
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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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Payers Seek Clarity on Biden’s Vaccination Mandates
By Michelle S. Strowhiro on Nov 4, 2021
Posted In Employee Benefits, Health and Welfare Plans
A recent Biden administration Executive Order requires workplace COVID-19 vaccinations for many companies, healthcare workers and federal contractors to occur by December 8. However, the federal government has yet to rule whether payers are federal contractors. In this Health Payer Specialist article, McDermott Partner Michelle Strowhiro said if the government determines that payers that administer...
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Vaccine Requirements in the Workplace
By Michelle S. Strowhiro on Oct 6, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans
As more and more private and public companies require vaccinations, employees are finding it increasingly difficult to avoid these mandates. In this BBC Radio 5 Live interview, McDermott Partner Michelle Strowhiro noted that US employers have a right to mandate vaccination for any employee that is in an employer’s office. “As such, if an employee...
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