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Vaccine Mandate Update for ABA Providers – OSHA ETS and CMS Rule Discussion

Vaccine Mandate Update for ABA Providers – OSHA ETS and CMS Rule Discussion

Recorded November 19, 2021


Occupational Safety and Health Administration (OSHA) just released its emergency temporary standard (ETS) requiring employers with 100+ employees to either mandate the vaccine or test their employees for COVID-19 on a weekly basis. On the same day, the Centers for Medicare and Medicaid Services (CMS) announced the details of its requirement that healthcare workers at facilities participating in Medicare and Medicaid are fully vaccinated.

This webinar will provide details on the scope of OSHA’s ETS and CMS’ mandate, what each rule requires, and a timeline for implementing the requirements of each rule. This webinar will also provide a discussion on the overlap of OSHA healthcare ETS and its vaccine or test ETS.


Matthew Korn

Matthew Korn, JD, is a partner in the firm’s Columbia office, representing and advising employers in all areas of employment, labor, and health and safety law.

Matthew focuses his practice on defending employers across the country in complex class and collective action litigation, primarily involving wage and hour issues under the Fair Labor Standards Act (FLSA) and state wage and hour laws, mass layoffs, and plant closings under the Worker Adjustment and Retraining Notification Act (WARN), and background check documentation under the Fair Credit Reporting Act (FCRA). Matthew has substantial experience working with employers in many industries, including the hospitality and restaurant, construction and heavy equipment, mining, pharmaceutical, healthcare, and manufacturing industries.

Matthew also enjoys advising clients on day-to-day employment issues arising under federal and state employment laws such as Title VII, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Matthew represents employers in government audits and investigations, including USDOL audits and OSHA/MSHA investigations. Additionally, he assists employers with traditional labor matters, including union avoidance campaigns, unfair labor practice charges, grievance arbitrations, and collective bargaining negotiations. Matthew regularly provides interactive training for supervisors and managers on employment and labor law compliance.

Matthew’s experience working as in-house counsel at a multinational, publicly traded company has provided him with the unique ability to view employment law problems from the client’s perspective so that he can provide practical business advice and solutions to firm clients.
Prior to joining the firm, Matthew worked for the U.S. Department of Labor (DOL), litigating mine safety and health cases before the Federal Mine Safety and Health Review Commission. Matthew uses this experience to counsel clients during government investigations, implementing proactive safety programs, and throughout the litigation process.

While in law school, Matthew served as a judicial intern for the Federal Mine Safety and Health Review Commission and as Managing Editor of the Georgetown Journal on Poverty Law and Policy. As recognition for his exemplary work, Matthew was a recipient of the William J. Curtin Endowed Scholarship in Labor Relations.

Nick Hulse  

Nick Hulse, JD, is a member of the firm’s COVID-19 Taskforce, a cross-disciplinary team of attorneys dedicated to advising employers on the many workplace law aspects of the global coronavirus pandemic. Additionally, Nick is a member of the firm’s SBA Loan Team, dedicated to advising employers on the inner workings of the complex CARES Act loan process during the COVID-19 coronavirus pandemic.

Nick is an associate in the firm’s Charlotte office and prides himself on client service and responsiveness, recognizing the importance of the issues his clients face. His practice focuses on representing employers in a variety of employment matters in state and federal courts as well as matters prosecuted by the Occupational Safety and Health Administration (OSHA). Nick has been quoted in EHS Today, Charlotte Business Journal, and Construction Dive regarding topics ranging from workplace safety to small business loans.

Nick has experience representing employers in collective actions under the Fair Labor Standards Act (FLSA); representing employers in discrimination, harassment, retaliation, and wrongful termination claims under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and other federal and state anti-discrimination laws; and representing clients regarding enforcement of restrictive employment covenants.

Nick also dedicates a significant amount of his time assisting employers with workplace safety matters. This work includes counseling and representing companies in responding to OSHA and MSHA inquiries, inspections, and litigation, as well as defending employers from whistleblower complaints with those agencies.

If you already paid for the live event and would like to re-watch the recording, please email for a direct link. 

Non-Member Price: $20
Member Price: $0