Labor & Employment E-Note November 2021

Labor & Employment


Safer Federal Workforce Task Force Updates Guidance for Federal Contractors

On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As discussed in earlier updates, all federal contracts meeting certain criteria issued after November 15 incorporate the Guidance through FAR Clause 52.223-99 or an agency-specific version of it.

Read the article, written by Mike Rich.

Burr Morning Show Webinar Recording - New COVID-19 Vaccination and Testing Rules

On November 9th, Burr & Forman’s health care, government contract, and labor & employment attorneys presented a webinar summarizing the new COVID-19 vaccine mandate for health care workers; guidance for federal contractors with respect to vaccine mandates and other COVID-19 safety protocols; and OSHA’s new Emergency Temporary Standard requirements on COVID-19 vaccination and testing.

Click here to view the recording. Speakers included Mike Rich, Angie Smith, Scott Williams, and Amy Jordan Wilkes.

State of Alabama Passes Law Governing COVID-19 Vaccine Exemption Requests

On November 5, 2021, Alabama Governor Kay Ivey signed into law a bill governing COVID-19 vaccine exemption requests. The law is intended to provide safeguards to employees who refuse an employer-required COVID-19 vaccine, as long as that individual submits a completed exemption form to the employer. The provisions of the law are immediately effective.

Read the article, written by Cayman Caven and Amy Jordan Wilkes.

Interaction of HIPAA and Employer Vaccine Mandates, Birmingham Medical News – November 2021

As we approach various deadlines for COVID-19 vaccine mandates, both in the private and the public sector, there appears to be confusion over when vaccine information may be shared with employers and what obligations employers have, if any, under The Health Information Portability and Accounting Act to protect such information once obtained. To address some of that confusion, the Health & Human Services Office for Civil Rights has issued guidance entitled “HIPAA, COVID-19 Vaccination, and the Workplace.”

Read the article, written by Kelli Fleming.

Exploring the Evolution of Marijuana Laws in the Remote Workplace, published in’s November 2021 issue of Corporate Counsel

“Hiring employees to work remotely in states with recreational marijuana laws can raise complex issues. An employer who hires an employee in a state with recreational marijuana laws should ensure that its hiring practices align with state law.”

Read the article, written by Matthew Scully and Diamond Stewart.

Employers in Limbo After Latest Development on OSHA’s Vax Rule published in HR Daily Advisor

Birmingham Partner, Amy Jordan Wilkes, was quoted in this HR Daily Advisor article about OSHA’s new vax-or-testing rule for larger businesses. Read the full article here.

OSHA Issues New Rule for Employee COVID-19 Vaccination and Testing

On November 5, 2021, OSHA will publish a new Emergency Temporary Standard (“ETS”) setting forth employee COVID-19 vaccination and testing requirements for employers with 100 or more employees. The ETS becomes effective immediately and requires employers to establish, implement, and enforce an acceptable vaccination policy by December 5, 2021.

Read the article, written by Meghan Cox, Amy Jordan Wilkes and Scott Williams.

Tennessee Passes New COVID-19 Legislation

On October 30, 2021, the Tennessee General Assembly passed significant legislation that severely curtails the ability of private employers in Tennessee to implement COVID-19 restrictions in the workplace. The new law is expected to be signed by Governor Lee later this week and then to take effect immediately.

Read the article, written by Emily Mack, Stephen Price, and Diamond Stewart.

EEOC Issues New Guidance for Religious Objections to COVID-19 Vaccine Mandates

On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding religious objections to workplace COVID-19 vaccination requirements. The new guidance is included in the EEOC’s larger guidance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws. These questions and answers collect and expand upon pre-pandemic guidance to help employers navigate issues related to COVID-19 vaccination and the interaction with federal equal employment opportunity laws.

Read the article, written by Amy Jordan Wilkes.

Firm News

Burr & Forman Represents AutoZone in Successful Decertification of Nationwide Collective Action

On October 20, 2021, Judge Abdul Kallon released a Memorandum Opinion in Hope M. Carr, et al. v. AutoZoner, LLC and AutoZone Stores, Inc. that decertifies a nationwide Fair Labor Standards Act collective action. The case was originally filed in February 2015 and conditionally certified as a collective action in September 2016. The class included over 1,500 former and current store managers across the country. Burr & Forman LLP represents AutoZone in the matter. Click here to read the news.’s “How I Made It” With Burr’s Chief Diversity Officer, Tamika Walters

“How I Made It: ‘A Successful DEI Leader Is a Good Listener Who Is Able to Understand Perspectives From Across the Spectrum of Job Titles and Demographics, ‘Says Tamika Walters, Chief Diversity & Inclusion Officer at Burr & Forman.”

In a article published on October 13, 2021, Tamika Walter’s journey to becoming our Chief Diversity & Inclusion Officer is showcased. Read the article here.


DOL to Recruit Employees to Turn in Unvaccinated Co-Workers (Source: U.S. News & World Report, 2021-11-09)

U.S. Settles Lawsuit Easing Visa Holders' Spouses Access to Work (Source: The Hill, 2021-11-10)

DOL Initiative Aims to Raise Workplace Retaliation Awareness (Source: CBS DFW, 2021-11-11)

Employers Increase Mental Health Benefits to Support Workers (Source: Fortune, 2021-11-10)

Small Firms Entice Workers with No Vaccine Mandate (Source: HR Dive, 2021-11-08)

50% of Workers Would Take Pay Cut to Continue Working Remotely (Source: USA Today, 2021-11-11)

OSHA Asks for Public Comments on Workplace Heat Safety Rules (Source: Insurance Journal, 2021-11-01)

Burr & Forman Labor & Employment E-Note is a monthly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."
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