This webinar will discuss the constantly developing and dynamic state of the law with respect to three key vaccine-related laws impacting Florida employers: President Biden’s Executive Order (EO) mandating vaccines for federal contractors; the Emergency Regulation issued by the Centers for Medicare & Medicaid Services (CMS); and Florida's new Keep Florida Free Act preventing all Florida employers, regardless of size, from imposing a vaccine mandate unless certain specified conditions are met.
The Keep Florida Free Act is diametrically opposed to these new federal mandates and to OSHA's recent Emergency Temporary Standard mandating vaccines or weekly testing for employers with 100 or more employees. Among other things, the Keep Florida Free Act creates five exemptions from vaccination and allows the Florida Attorney General to impose fines up to $50,000 per violation. The Florida law clearly targeted the breadth and extent of the ETS, the CMS, and the federal contractor EO. The result: Florida employers are caught in the crosshairs of clearly conflicting state and federal laws.
And there’s more to deal with as the legal landscape with respect to vaccines is changing seemingly almost daily. The ETS was stayed by the United States Court of Appeals for the Fifth Circuit on November 12, 2021, and all challenges against the ETS were consolidated in the United States Court of Appeals for the Sixth Circuit on November 16, 2021. Thus, the ETS law is currently not in effect and OSHA has “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” Similarly, the CMS regulation stayed through a nationwide injunction issued on November 30, 2021. That same day, a preliminary injunction was issued by a Kentucky federal district court enjoining the enforcement of federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee.
Key topics to be discussed:
New Florida law and the ETS
CMS covering Medicare and Medicaid facilities
Government contractor issues
Date / Time: December 3, 2021
10:00 am – 11:00 am Eastern
9:00 am – 10:00 am Central
8:00 am – 9:00 am Mountain
7:00 am – 8:00 am Pacific
Choose a format:
Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.
Caroline M. Landt | BakerHostetler
Through strong relationships and a deep understanding of the organizations’ business and culture, Caroline Landt partners with clients to help them navigate employment law trends and find solutions to regulatory challenges. When clients face employment claims, Caroline’s in-depth knowledge of both their business and the law creates the foundation for an exceptional defense and efficient resolution.
Caroline focuses her employment practice on consultation regarding employment regulations, agreements and other related compliance issues. She assists clients in the search for efficient and appropriate solutions using a depth of knowledge that comes from her more than 20 years of experience. She has litigated matters related to discrimination, sexual harassment, labor-management relations, minimum wage/overtime compensation, covenants not to compete, executive employment contracts and the Family and Medical Leave Act. Caroline represents clients in many industries, including hospitality, healthcare and religious organizations.
Kevin W. Shaughnessy | BakerHostetler
Fortune 50 and other clients turn to Kevin Shaughnessy in a crisis, be it a class or collective action challenging the client’s pay practices or an accusation of pattern and practice discrimination, a governmental investigation or lawsuit, or the handling of sensitive whistleblower claims. Through advice and counsel, and a unique approach to litigation, Kevin helps clients avoid the potential negative impact of bet-the-company cases and simultaneously assists them in creating and preserving productive working environments.
Kevin is creative, a good listener and dedicated to his clients. As a counselor and a class action litigator, he focuses on each client’s specific needs and develops unique strategies to place them in the best light, both legally and publicly, while handling litigation and non-litigation matters efficiently and effectively. Clients trust Kevin’s counsel on business and legal issues because he listens to their concerns and understands their operations and corporate culture. This investment in each client’s business and its particular goals and objectives, and Kevin’s appreciation for the personal and professional challenges clients face every day, makes him a highly-valued advisor and litigator, and has led to 25+year relationships with numerous clients. Through these relationships, he has handled class action and government-initiated litigation throughout the United States. This broad experience enables him to draw from the laws and procedures in different jurisdictions when developing key strategies for each case, regardless of where it is pending.
Kevin is Board Certified in Labor and Employment Law by the Florida Bar. He has been ranked by Chambers USA: America’s Leading Lawyers for Business from 2004 to 2020, and has been named as one of the top ten employment lawyers in Florida for multiple years. Kevin was the first BakerHostetler employment lawyer named in Chambers Global: Labor and Employment (USA) (2020). He also has been recognized by The Best Lawyers in America® since 2006 and was named by Best Lawyers in America as 2017 Lawyer of the Year Orlando, Litigation – Labor and Employment. The Legal 500 also has ranked Kevin in Labor and Employment Law.
Marc A. Antonetti | BakerHostetler
Marc Antonetti is an experienced litigator who focuses primarily on labor and employment law, with additional experience in the areas of complex commercial and intellectual property litigation. His practice includes counseling employers on all aspects of the employment relationship, negotiations with labor unions, and the representation of clients in and before courts and administrative agencies, as well as in arbitration proceedings. He also advises clients on executive contracts, plant closings and employee discipline, and addresses questions regarding legal ethics. Marc serves as the administrative partner for BakerHostetler’s Washington, D.C., office and is ranked a Washington D.C. “Super Lawyer” for 2019.
Marc has served as a contributing author to the employment law chapter of Mergers & Acquisitions in the United States: A Practical Guide for Non-U.S. Buyers, a contributing editor to the third edition of the treatise The Railway Labor Act, and a senior editor for its 2008, 2009 and 2010 supplements. His other published works include “Workers’ Compensation Statutes and the Recovery of Emotional Distress Damages in the Absence of Physical Injury,” 1990 Annual Survey of American Law 671, and “How to Avoid Sexual Harassment Problems,” Whole Foods Magazine, May 1999. Marc also was a contributing author to the chapter on labor and employment law in the American Bar Association Administrative Law Section’s Developments in Administrative Law and Regulatory Practice 2004-2005.
New Florida law and the ETS | 10:00am – 10:20 am
CMS covering Medicare and Medicaid facilities | 10:20am – 10:40am