November 24, 2021

Update on Vaccine Mandate Litigation: Keep Watching...

Is your nonprofit subject to a COVID vaccine requirement for its employees? In the last few months, such “mandates” have been issued for “large” employers (i.e., with at least 100 employees), federal contractors, federal employees, and medical workers. Correspondingly, a flurry of litigation has erupted, with dozens of states, businesses, religious organizations, and other nonprofits challenging such mandates on a plethora of constitutional, procedural, and other legal grounds. We reported recently on OSHA’s large employer mandate, and now we provide an update based on a federal court ruling and other important developments. – with implications for the OSHA mandate as well as similar employment directives. Key takeaway: watch closely for new legal developments!

Employment/Religious Organizations
November 23, 2021

How China’s New Data Privacy Framework Affects U.S. Nonprofits

Nonprofits reaching Chinese donors, employees, contractors, newsletter and program service recipients, and other stakeholders face new legal challenges in the handling of such stakeholders’ personal information. Adopted on August 20, 2021, China’s Personal Information Protection Law (“PIPL”) became effective on November 1, 2021. This extraordinarily brief implementation period leaves for-profit and nonprofit entities alike scrambling to understand their compliance obligations under the new framework. As addressed below, nonprofits must comply with PIPL, and penalties for non-compliance may be hefty. Nonprofits with connections to China thus should assess their data handling practices, disclosure and notice efforts, including efforts related to consent requirements, individual control of personal information, and data audit functions to mitigate risks arising under the new framework.

Cybersecurity
November 11, 2021

OSHA's Vaccine Mandate for Large Employers: What to Do Now?

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an “emergency temporary standard” (ETS) to reduce the risk of COVID-19 (Covid) transmission in the workplace and to protect unvaccinated workers from contracting the virus at work (Vaccine ETS). This Vaccine ETS applies nationwide to employers with 100 or more employees. Under the Vaccine ETS, employers must develop, implement, and enforce a mandatory Covid vaccine policy and determine vaccination status of employees within 30 days, then continue with enforcement measures within 60 days.

Employment

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