Coronavirus Update 12-1-2021: Other federal vaccine mandates fall (for now)

In the past several days, two federal vaccine mandates have been preliminarily enjoined, joining the OSHA Emergency Temporary Standard on the sidelines.

First, the Eastern District of Missouri entered a preliminary injunction against the Centers for Medicare and Medicaid Services' federal vaccine mandate for healthcare facilities. That injunction applies to covered employees in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. The Western District of Louisiana issued a similar ruling late yesterday, but expanded the scope of the preliminary injunction nationally.

Then, also late yesterday, the Eastern District of Kentucky issued its own preliminary injunction against President Biden's mandatory vaccination rules for the employees of federal contractors and subcontractors. That injunction applies to covered employees in Ohio, Kentucky, and Tennessee.

Work-life balance vs. Antiwork

Compare the following.

From CNN — "In Portugal, it's now illegal for your boss to call outside work hours."

-vs-

From the Antiwork subreddit — "Just a friendly reminder, if your boss texts you to come in at a time you were not scheduled to work, you are not obligated to answer the text."

Coronavirus Update 11-29-2021: What we do know and don’t know about Omicron

While we digested our Thanksgiving turkey, news broke about a new COVID-19 variant making its way around the world — B.1.1.529, now officially named the Omicron variant. 

Here's what we know about Omicron, what we think we know, what we don't yet know, and, perhaps most importantly, what employers should be doing in response. 

Happy Thanksgiving. What are you #thankful for?

Thanksgiving is my favorite holiday, hands down. And it's not just the turkey, stuffing, and pies (especially the pies). It's the people with whom I spend the holiday. And this year, I'm especially thankful that I am again able to share my favorite day with some of my favorite people. 

Thus, today, as I start my Thanksgiving break, I am sharing what I am thankful for this year.

1. My family (always tops on any list).
2. My health, and that of those I hold close to my heart.
3. Science, which is allowing my family to gather together this holiday season.
4. My new(ish) law firm, which has rejuvenated and reenergized me and my practice.
5. My community of half-witted employment law friends for helping to keep me sane over the past several years.
6. My readers and followers, many of whom have become friends and clients over the years.

Please enjoy your holiday. Be safe. And don't eat too much. I'll see everyone next week. 

It’s a bad idea — and age discrimination — to badger an older employee about retirement

A new manager takes away a pet project from a long-term 60-year-old employee, repeatedly asks him when he's "going to retire," calls him "Uncle," and criticizes his "old skills." Those are the basic facts that caused the 6th Circuit to reverse a grant of summary judgment to the employer in Sloat v. Hewlett-Packard Enterprise Co.

WIRTW #605: the “Norah and Dad show” edition

I'm starting a podcast. Correction. We are starting a podcast. The other half of the "we" in question is my 15-year-old daughter, Norah. It was 100 percent her idea, and who am I to say no to quality Norah/Dad time behind two microphones, recording it for all to hear. Stay tuned. We are getting ready to start recording and we will have episodes to share in the coming weeks.

Please look for episodes in your podcast app of choice, or at norahanddadshow.buzzsprout.com. You should also follow us on Instagram, Twitter, and Facebook. I still need Norah to explain the whole TikTok thing to me, but I'm guessing we'll be there, too.

Here are the best things I read online this past week that I think you should be reading, too.

John Oliver’s exposé on "union busting” missed one key fact — the unions are actually WINNING

This past Sunday night, John Oliver closed his 2021 season with a long-form exposé on labor unions. More specifically, he focused on the efforts employers take to combat union organizing drives: anti-union messaging and videos, captive-audience speeches, threats of job loss and plant closures, and more pointed retaliation against union organizers and other pro-union employees.

His story, however, left out one key fact — the labor unions are actually winning. And they are winning a lot.