Fact Check: Federal law does not prevent states, businesses, employers from requiring COVID-19 vaccines

From USA Today:

As millions of Americans continue to get vaccinated against COVID-19, some employers, colleges and businesses are weighing whether to make vaccination mandatory. A widely shared claim on social media says those measures are against the law.

An Instagram post published May 10 says Americans “have the right to refuse” coronavirus vaccine mandates.

“Under Emergency Use Authorization, no employer, biz, or govt can make the #COVID19vaccine mandatory until it’s evaluated in 2 yrs,” says text in the post, which is a screenshot of an April 1 tweet.

As evidence, the tweet cites “21 US Code SS 360bbb-3,” a federal law that has to do with “authorization for medical products for use in emergencies.” Instagram posts mentioning that law have received thousands of interactions over the past month, according to CrowdTangle, a social media insights tool.

The law cited in the posts has to do with emergency use authorizations from the U.S. Food and Drug Administration. The law says nothing about a required two-year evaluation period for vaccines approved for emergency use. While there is a legal gray area for mandating vaccines authorized for emergency use,businesses, employers and state governments generally have the power to require vaccination, experts say. 

“There is no legal basis for what is being claimed,” said Ana Santos Rutschman, an assistant professor at Saint Louis University who specializes in food and drug law, in an email.

Read the complete article here.

Health Advocate or Big Brother? Companies Weigh Requiring Vaccines

From today’s New York Times:

As American companies prepare to bring large numbers of workers back to the office in the coming months, executives are facing one of their most delicate pandemic-related decisions: Should they require employees to be vaccinated?

Take the case of United Airlines. In January, the chief executive, Scott Kirby, indicated at a company town hall that he wanted to require all of his roughly 96,000 employees to get coronavirus vaccines once they became widely available.

“I think it’s the right thing to do,” Mr. Kirby said, before urging other corporations to follow suit.

It has been four months. No major airlines have made a similar pledge — and United Airlines is waffling.

“It’s still something we are considering, but no final decisions have been made,” a spokeswoman, Leslie Scott, said.

For the country’s largest companies, mandatory vaccinations would protect service workers and lower the anxiety for returning office employees. That includes those who have been vaccinated but may be reluctant to return without knowing whether their colleagues have as well. And there is a public service element: The goal of herd immunity has slipped as the pace of vaccinations has slowed.

But making vaccinations mandatory could risk a backlash, and perhaps even litigation, from those who view it as an invasion of privacy and a Big Brother-like move to control the lives of employees.

In polls, executives show a willingness to require vaccinations. In a survey of 1,339 employers conducted by Arizona State University’s College of Health Solutions and funded by the Rockefeller Foundation, 44 percent of U.S. respondents said they planned to mandate vaccinations for their companies. In a separate poll of 446 employers conducted by Willis Towers Watson, a risk-management firm, 23 percent of respondents said they were “planning or considering requiring employees to get vaccinated for them to return to the worksite.”

Read the complete article here.

United Airlines might require its employees to take the COVID-19 vaccine

From today’s New York Times:

The chief executive of United Airlines told the company’s employees this week that the carrier — and other businesses — could make the coronavirus vaccine mandatory for all workers.

“It’s the way to ensure the safety of our employees,” United Airlines chief executive Scott Kirby said.

“The worst thing that I believe I will ever do in my career is the letters that I have written to the surviving family members of co-workers that we have lost to the coronavirus,” the executive, Scott Kirby told employees at a virtual town hall on Thursday, according to a transcript of the remarks. “And so, for me, because I have confidence in the safety of the vaccine — and I recognize it’s controversial — I think the right thing to do is for United Airlines, and for other companies, to require the vaccines and to make them mandatory.”

Some states, such as New York, have already made the vaccine available to flight attendants, pilots and other airline and airport employees. United has encouraged employees to get the vaccine as soon as they can.

Mr. Kirby’s comments, first reported by CNBC, do not reflect actual corporate policy. The airline would need to overcome logistical hurdles before requiring its tens of thousands of employees to get vaccinated and would need other businesses to join it in requiring vaccination, he said.

A spokesman for Delta Air Lines declined to comment on whether it will require the vaccine, but said the carrier is advocating that flight crews are considered essential workers for the purposes of vaccine distribution. American Airlines said on Thursday that it is encouraging its employees to get the vaccine, but won’t require it unless necessary for employees who fly to destinations where it is mandated.

Read the complete article here.

Amazon, Instacart Workers Demand Coronavirus Protection And Pay

From NPR News Online:

Some Amazon warehouse workers in Staten Island, N.Y., and Instacart’s grocery delivery workers nationwide walked off their jobs on Monday. They are demanding stepped-up protection and pay as they continue to work while much of the country is asked to isolate as a safeguard against the coronavirus.

The protests come as both Amazon and Instacart have said they plan to hire tens of thousands of new workers. Online shopping and grocery home delivery are skyrocketing as much of the nation hunkers down and people stay at home, following orders and recommendations from the federal and local governments.

This has put a spotlight on workers who shop, pack and deliver these high-demand supplies. Companies refer to the workers as “heroes,” but workers say their employers aren’t doing enough to keep them safe.

The workers are asking for a variety of changes:

  • Workers from both Amazon and Instacart want more access to paid sick time off. At this time, it’s available only to those who have tested positive for the coronavirus or get placed on mandatory self-quarantine.
  • Amazon workers want their warehouse to be closed for a longer cleaning, with guaranteed pay.
  • Instacart’s grocery delivery gig workers are asking for disinfectant wipes and hand sanitizer and better pay to offset the risk they are taking.

Read the complete article here.

5-Hour Workdays? 4-Day Workweeks? Yes, Please

From today’s New York Times:

A German entrepreneur named Lasse Rheingans has become a subject of attention since The Wall Street Journal recently reported on a novel idea he has put in place at his 16-person technology start-up: a five-hour workday. Mr. Rheingans is not just reducing the time his employees spend in the office; he’s reducing the total time they spend working altogether. They arrive at 8 a.m. and leave at 1 p.m., at which point they’re not expected to work until the next morning.

This distinction between time in the office and time spent working is critical. In our current age of email and smartphones, work has pervaded more and more of our waking hours — evenings, mornings, weekends, vacations — rendering the idea of a fixed workday as quaint. We’re driven to these extremes by some vague sense that all of this frantic communicating will make us more productive.

Mr. Rheingans is betting that we have this wrong. His experiment is premised on the idea that once you remove time-wasting distractions and constrain inefficient conversation about your work, five hours should be sufficient to accomplish most of the core activities that actually move the needle.

To support this new approach, he has employees leave their phones in their bags at the office and blocks access to social media on the company network. Strict rules reduce time spent in meetings (most of which are now limited to 15 minutes or less). Perhaps most important, his employees now check work email only twice each day — no drawn out back-and-forth exchanges fragmenting their attention, no surreptitious inbox checks while at dinner or on the sidelines of their kids’ sporting events.

The Wall Street Journal described Mr. Rheingans’s approach as “radical.” But as someone who thinks and writes about the future of work in a high-tech age, I’ve come to believe that what’s really radical is the fact that many more organizations aren’t trying similar experiments.

Read the complete article here.

The American Economy Is Creating a National Identity Crisis for Workers

From today’s New York Times:

Europeans often describe the United States as a great place to buy stuff but a terrible place to work. They understand the appeal of our plentiful and affordable consumer goods, but otherwise they just don’t get it: the lack of real vacation, the sending of emails after business hours, the general insensitivity to work-life balance.

That may be just a casual observation, but it identifies something deep and problematic about the economy that the United States has built over the past 40 years.

Since the 1980s, American economic policy has insisted on the central importance of two things: cheaper prices for consumers and maximum returns for corporate shareholders. There is some logic to this: We all buy things, after all, and more than 50 percent of Americans own at least some stock.

But these priorities also generate an internal conflict, for they neglect, repress and even enslave our other selves: our identities as employees, producers, family members, citizens. And in recent years — as jobs become increasingly unpleasant and unstable, as smaller towns and regional economies are gutted, as essential industries like the pharmaceutical and telecommunications sectors engage in outlandish profiteering, and above all, as economic inequality becomes the trademark of our nation — the conflict seems to have reached a breaking point.

Read the complete article here.

Employee Wellness Programs Yield Little Benefit, JAMA Study Shows

From today’s New York Times:

Companies have long embraced workplace wellness programs as a way to improve workers’ health and reduce overall medical spending, but a new study may prompt employers to rethink those efforts.

The study, published on Tuesday in JAMA, a medical journal, looked at the experience of 33,000 workers at BJ’s Wholesale Club, a retailer, over a year and a half.

While workers who enrolled in the wellness program reported that they learned to exercise more and watch their weight, the research found no significant differences in outcomes like lower blood pressure or sugar levels and other health measures. And it found no significant reduction in workers’ health care costs.

“These findings may temper expectations about the financial return on investment that wellness programs can deliver in the short term,” conclude the study’s authors, Dr. Zirui Song, a health policy researcher at Harvard Medical School, and Katherine Baicker, dean of the University of Chicago Harris School of Public Policy.

Most employers — 82 percent of companies with more than 200 workers — offer some sort of wellness program like smoking cessation or weight management, according to the latest survey by the Kaiser Family Foundation. Companies often encourage participation in these programs by dangling some sort of financial carrot, ranging from a gift card if you track your steps to a significant discount off what you pay toward your health insurance.

Read the complete article here.