With appeals to federal COVID-19 vaccination mandates heating up, CMS employers would do well to prepare vaccination policies in anticipation of possible regulatory enforcement actions.

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Employers should take action whenever stray comments arise in the workplace about age, race or other protected classes.

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Court challenges could derail federal COVID-19 vaccine requirements for employers.

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Employers should carefully consider which employees should be bound by non-compete agreements or at least consider selectively enforcing them only against departing employees who can adversely impact the business.

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Biden administration announces new COVID-19 vaccination requirements for large employers, providers of Medicare and Medicaid health care services. 

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Unlike Title VII, the federal Equal Pay Act shifts the burden of proof to employers to prove a nondiscriminatory reason for pay difference.

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Appellate court’s ruling appears to have made it easier to bring employment discrimination claims under federal law.

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Employers should clearly state intention to arbitrate disputes when drafting agreements. 

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Employers should have a no call/no show policy to avoid unemployment claims.

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The duties test must be applied to determine an employee’s exempt status or employers may face an adverse (and costly) appellate court decision like this one!

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