Michelle S. Strowhiro

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Michelle 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.

California Updates COVID-19 Cal/OSHA ETS


By and on May 10, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On April 21, 2022, the California Division of Occupational Safety and Health’s (Cal/OSHA) Standards Board approved the Third Readoption of the state’s COVID-19 Prevention Emergency Temporary Standard (ETS). Per Governor Gavin Newsom’s Executive Order N-23-21, the Third Readoption will remain in effect for no longer than December 31, 2022. The Third Readoption makes some additional...

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Fired for Not Getting the COVID Vaccine? A Reality for Some, but Not All


By on Apr 5, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

Many employers will likely encourage vaccination rather than mandate it. In this Ladders article, McDermott Partner Michelle Strowhiro notes the administrative burdens associated with tracking mandatory employee vaccination. Access the article.

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COVID-19 Vaccine Exemptions as Easy as Copy and Paste


By on Mar 29, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

The federal government’s COVID-19 vaccine mandate has spurred an uptick in religious exemption requests. In this Politico article, McDermott Partner Michelle Strowhiro explains how some workers are copying and pasting exemption documents from anti-vaccine websites. “The religious exemption is not a tough standard for a worker to submit,” Strowhiro said. “There can be a level...

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California to Renew COVID-19 Supplemental Paid Sick Leave for 2022


By and on Feb 8, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

On January 25, 2022, California Governor Gavin Newsom announced that his office and state lawmakers had reached an agreement to reimplement a version of California’s COVID-19 Supplemental Paid Sick Leave through September 30, 2022. It is expected that the state legislature will move quickly to finalize and vote on legislation to effectuate this statewide paid...

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After High Court Loss, OSHA Looks to Other COVID-Curbing Means


By on Feb 2, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans

The US Supreme Court’s January ruling that stayed enforcement of the US Occupational Safety and Health Administration’s (OSHA) shot-or-test mandate may limit some employers from introducing their own vaccination, testing or mask requirements. However, in this Bloomberg Law article, McDermott Partner Michelle Strowhiro said employers might still want to consider implementing portions of the standard—so...

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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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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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