Vaccination Requirements In ABA: What The OSHA And CMS Rules Mean For Your Organization

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Virtual Academy Webinars are only available to BHCOE Accredited Organizations and Members.

January 4, 2022 is the deadline to ensure that your workforce is meeting vaccination requirements. According to the latest Biden Administration policies, if your organization has facilities participating in Medicare and Medicaid reimbursement programs, they are now subject to the Centers for Medicare and Medicaid Services’ (CMS) new vaccination mandate regulation. This rule takes priority over all the federal vaccine mandates, including the federal contractor requirements and the OSHA emergency temporary standard (ETS) for large employers. Furthermore, the CMS rule does not include a weekly COVID-19 testing option.

Watch this webinar to understand sweeping, new federal COVID-19 vaccination requirements. Michael Eckard, JD and James “Jim” Paul, SHRM-SCP of Ogletree Deakins will cover what ABA organizations should know, which federal and state rules apply, and how to comply by the deadline.

About the Presenters

Michael Eckard

Michael Eckard, JD

Michael Eckard is a shareholder in the Charleston and Atlanta offices and has been an employment lawyer at Ogletree his entire legal career. Michael represents companies in labor, employment, restrictive covenant, and wage and hour matters in the health care, manufacturing, chemicals, hospitality, transportation and logistics, and retail industries, among others. He regularly advises companies on human resources and labor policy issues. Michael represents his clients in many types of employment litigation matters, including wrongful termination claims, sexual harassment claims, employment discrimination claims, employment contracts, wage and hour claims, trade secrets, and non-compete agreements. He also represents management in union organizing campaigns, collective bargaining negotiations, arbitrations, and unfair labor practice and representation proceedings.

Michael’s nationwide litigation and advice practice focuses on protecting corporate clients against claims of discrimination, harassment, and retaliation; claims involving restrictive covenants, unfair competition, and trade secret claims; federal and state wage and hour laws; and claims of defamation, breach of contract, and intentional torts. He has litigated labor and employment-related matters in federal and state courts throughout the United States, including appeals before the Georgia Court of Appeals, Georgia Supreme Court, and the Eleventh Circuit Court of Appeals. His litigation matters include single-plaintiff, multiple-plaintiff, and collective action cases, as well as labor and employment arbitrations and administrative proceedings.

Michael serves as a trusted advisor to his clients, regularly providing counsel to corporate executive, legal, and human resources leaders on matters such as risk management; labor relations; workforce planning (including workforce growth and reductions in force); labor and employment matters pertaining to corporate mergers, divestitures, and other transactions; employee recruiting and hiring practices; employee discipline and termination; wage and hour law compliance; and strategies for preventing and investigating harassment and discrimination claims.

Prior to his legal career, Michael served in the U.S. Army, specializing in Military Intelligence. Michael served in multiple duty stations, including operational tours in Kuwait. Michael is also a licensed pilot and enjoys flying airplanes for recreation.

Michael is a former law clerk for the U.S. Department of Justice – Civil Division, Washington D.C. Michael is also the 2005 recipient of the University of South Carolina Law School’s coveted Knox L. Haynsworth Labor Law Scholarship Award.

James “Jim” Paul

James “Jim” Paul, SHRM-SCP, Shareholder, Ogletree Deakins

Jim has extensive trial and appellate experience with handling labor and employment law litigation in federal and state courts, and before the Equal Employment Opportunity Commission, Department of Labor, Department of Justice, Missouri Commission on Human Rights, Illinois Department of Human Rights, and several other federal and state agencies. He has also earned the national Society for Human Resource Management’s “SHRM-SCP” certification and regularly advises employers on all labor and human resource management issues in an effort to prevent or resolve employee issues before they escalate into legal disputes. As Co-Chair of the firm’s Disability Access practice group, Jim advises clients regarding legal requirements for accommodating disabled individuals and defends Americans with Disabilities and Rehabilitation Act lawsuits nationally.

Prior to his private practice of law, Jim served as judicial law clerk to the Honorable Ray Price, Jr. of the Missouri Supreme Court and then as a Missouri Assistant Attorney General. As Assistant Attorney General, he represented the Missouri Department of Labor and Industrial Relations, the Missouri Division of Labor Standards, and the Missouri Commission on Human Rights by enforcing state discrimination and wage and hour laws. He also worked in Washington, D.C. on legislative issues for the late Missouri Governor Carnahan and has taught Trial Advocacy at Saint Louis University as an Adjunct Professor.

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