Posted on January 27th, 2022
Below is a complete transcript of this video.
Well, what’s up fellow entrepreneurs today. I wanna talk about vaccine lawsuits against businesses, but first I’m an attorney, but I’m not your attorney. So please seek out competent legal counsel for your specific question or concern.
Despite widespread vaccine availability and the corresponding op optimism about returning to normal, the coronavirus pandemic continues to spawn hundreds of employment and health related lawsuits.
Many of these lawsuits have been aimed at employers in the healthcare sector and related to workplace safety, retaliation, wrongful termination and wrongful denial of leave. The total number of Corona of virus.
Lawsuits have also increased dramatically at the end of 2020 1,235. Total lawsuits have been filed against employers, and as of December, 2021, that number has more than doubled. There have been 2,560 lawsuits, including 200 class actions, California of course leads the charge with close to 700 lawsuits.
I look forward to that day when California is number one in something good like being business friendly. good education, or even number of sunny days, apparently Texas is even beating us by about 13 days, even in that category.
All right. So most of the lawsuits commonly assert that employers violated the family’s first response act passed in last March in 2020 while enforce the FFR F C R a required employers with fewer than 500 workers to provide employees with a certain amount of compensated time offer various, reasons linked to COVID 19.
However, healthcare providers and emergency responders were excluded from entitlement to both emergency family leave and emergency paid sick leave.
In addition to F C R a cases employees have also filed lawsuits alleging that their employees violated the warn act, which in certain circumstances requires that employers with a hundred more employees provide at least 60 days notice before conducting a mass layoff.
So anywhere there are also cases popping up asserting civil rights violations, for mask wearing in school. The CDC is regularly revising its guidance and OSHA is advising employers to follow CDC guidelines, but employers across the nation now face the practical challenge of maintaining a safe and compliant work, workplace in an increasingly open environment while the same time minimizing their liabilities.
An impossible task, but to further add to confusion, the risk team to employers Biden’s vaccine mandates are on again and off again currently looks like they’re on again.
I previously report that Biden administration shot or test rule issued by OSHA. November was now in the hands of the U.S. Court of Appeals for the sixth circuit in Cincinnati. This month that court lifted the injunction clearing the way for the OSHA rules.
Result, the emergency OSHA regulation mandating either vaccination or work weekly testing for employees or large employers is scheduled to go into effect in the new year barring for the court intervention. Of course.
Shortly after the decision, the department of labor declared that it will not issue citations for non-compliance with any of the new requirements before January 10th, 2022, and will not issue citations for non-compliance with the COVID 19 testing until February 19 ninth, 2022.
So as long as employers are exercising reasonable, good faith efforts to come into compliance with the requirements OSHA says, so we’ll have to see happens next. And I will make a separate video specifically about the sixth court decision.
All right, until next time be productive.
