H1N1 Flu in the Workplace: Labor Law Update

For your reading reference: a list of articles focused on legal implications of the H1N1 virus (swine flu) in the workplace.

Posted to JD Supra by lawyers and law firms, these articles touch upon many considerations to do with the flu pandemic: workplace preparation, the Americans with Disabilities Act (ADA), and employee privacy, among others.

H1N1 Flu in the Workplace: JD Supra Labor Law Update

Swine Flu Pandemic – Advice for Employers by Ford & Harrison:

"…advice for employers on swine flu infection control procedures. We also discuss the impact of the Americans with Disabilities Act (ADA) on employers’ pandemic preparation efforts."

HIPAA and Flu Shots by Tyson Snow:

"A frequent question employers face is whether administering flu shots to employees implicates or violates the HIPAA privacy protection requirements. For example, interested employees line up, in a group, to receive the shot. In this circumstance, it is easy to determine who is and who is not getting the shot. So, does this violate HIPPA’s privacy protections?"

H1N1 Virus and the Workplace: Will this Year’s Flu Cause a Headache for Employers Too? by Sheppard Mullin:

"…how should employers handle this season’s flu outbreak? Can sick employees be considered disabled? Can they be sent home without pay to protect healthy employees and a safe workplace? What precautions can employers take to keep their employees healthy?"

Swine Flu: Preparing the Workplace for a Pandemic by Littler Mendleson:

"Prudent employers will assemble a pandemic team and plan if they have not done so already. The pandemic team should develop a coordinated and efficient pandemic response plan so that the needed public health information is gathered and communicated…"

Preparing for and Responding to Issues Relating to Flu Season and Specific Considerations Regarding the H1N1 Influenza Virus by Lane Powell Labor & Employment:

"…highlights particular concerns of the the CDC, the Department of Homeland Security, and the Equal Employment Opportunity Commission (EEOC) as applied to businesses and provides practical tips for employers in preparing for and responding to the influenza virus."

EEOC Issues Guidance Regarding ADA-Compliant Workplace Preparation for the Swine Flu by Ford & Harrison:

"…employers may only request disability-related information or require a medical examination in certain circumstances. Additionally, the ADA requires employers to provide reasonable accommodations to employees with disabilities."

The H1N1 Influenza (Swine Flu) Outbreak: HHS Emergency Authorities to Respond by Foley Hoag:

"The recent outbreak of H1N1 influenza virus has prompted the United States government to respond in several ways, including through the use of some of the post-9/11 statutory enactments. This memorandum analyzes the statutory authorities available to the HHS Secretary, the means by which they can be triggered, and historical precedent."

H1N1 Flu Readiness: A Summary of Employment-Related Concerns by Mintz Levin Employment, Labor  & Benefits

"…employers will need to be prepared to address legal issues that may arise regarding employees who become sick with, or need to care for, family members with H1N1. This alert describes many of these issues, and provides a summary of an employer’s rights and obligations regarding them."

Further reading:

– JD Supra’s Law Centers: Labor & Employment Law | Health Law

– On Facebook: Employment Law | Health Law

– On Twitter: @Labor_Law | @HealthLaw

Lawyers, contribute to the conversation: post your H1N1-related articles on JD Supra now.