PRACTICE FOR MORE ON THIS WE'RE
JOINED BY JONATHAN BELL
EMPLOYMENT ATTORNEY AT THE LAW
GROUP I'M JONATHAN IT'S GOOD TO
HAVE YOU WITH US
THIS MORNING. WHAT DO YOU THINK
IS THE ISSUE HERE WITH
EMPLOYERS INCENTIVIZING THEIR
WORKERS TO GET VACCINATED.
>> WELL I THINK IT'S FINE IT'S
JUST HAS TO BE DONE CORRECTLY
SO FOR EXAMPLE IF SOMEBODY
CAN'T GET THE VACCINE BECAUSE
IT NEED TO BE THERE ALL
RELIGION OR THIS ABILITY DUE TO
DUE TO A DISABILITY WITH IT CAN
GET THE VACCINE AS LONG AS YOU
APPLY GIVE THEM A REASONABLE
ACCOMMODATION TO GET
THE INCENTIVE. THAT
IT'S OK TO JUST GIVE PEOPLE
INCENTIVES WITHOUT AN
ACCOMMODATION IT'S NOT GOING TO
BE OKAY IT'S PROBABLY THE BUYER
OF THE AMERICANS WITH
DISABILITY ACT AND RELIGIOUS
DISCRIMINATION SO I'D ADVISE
ING WE WANT TO GIVE
THIS INCENTIVE I'VE BEEN
TELLING
THEM LISTEN. WELL TRAINING AS
AN ACCOMMODATION FOR PEOPLE WHO
CAN'T GET THE VACCINE. STILL
GIVE THEM ACCESS TO THE
INCENTIVE. AS FAR AS INCENTIVES
GOES DOING DIFFERENT THINGS
BETWEEN PAID TIME OFF.
>> CAST.
>> IS AN OPTION, BUT YOU ALSO
GOT TO CHECK THIS STATE FOR
EXAMPLE IN NEW YORK STATE
YOU ARE LOOK WHY ARE ALL
EMPLOYERS REQUIRE GOES OF YOUR
SIZE TO
HAVE TO HEY FOR AT LEAST 4
HOURS OF TIME THAT IT MAY TAKE
TO GET THE VACCINE. SO IF
YOU'RE
GETTING A JOHNSON JOHNSON
VACCINE THAT MIGHT BE ONE FOR
OUR AREA. HOWEVER, PFIZER
OR MODERNA THOSE ARE
2, 4, HOUR PERIOD TOTALING 8
HOURS AND THAT'S A REQUIREMENT
BY NEW YORK STATE LAW TO YOU'VE
GOT TO LOOK AT THE LOCAL LAW
FOR WHERE
YOU LIVE.
>> OK THAT'S INTERESTING
BECAUSE I THINK SOME SOME
COMPANIES ARE JUST OFFERING 2
HOURS FOR THE FIRST SHOT 2
HOURS FOR THE SECOND SHOT BUT
YOU'RE SAYING THAT THE LAW
I LEGALLY DOES PROTECTED PEOPLE
IN NEW YORK STATE
AT LEAST FOR HOURS FOR A FIRST
SHOT AND 4 HOURS FOR A SECOND
SHOT IS THAT IS THAT RIGHT.
>> THAT'S CORRECT SO BIG
COMPANIES THAT DO THINGS
COUNTRYWIDE THEY REALLY SHOULD
BE LOOKING STATE BY STATE
BECAUSE OF YOU ALL FROM 2
HOURS, A NEW YORK STATE
REQUIRES 4 HOURS YOU'RE GOING
TO RUN THE RISK OF A VIOLATION
OR POTENTIAL LAWSUIT.
>> SO WHAT CAN THE DAMAGES BE
HERE RIGHT. HOW LIABLE CAN
THESE COMPANIES BE BY OFFERING
THESE INCENTIVES. ULTIMATELY AT
THE END OF THE DAY WHAT COULD
BE A PROBLEM FOR THEM IN DOING
THAT.
>> WELL I I READ
SOME ARTICLES SAYING THAT YOU
DON'T WANT THE INCENTIVE TO BE
TODAY COULD BE BIG BUT ACTUALLY
THE COERCIVE WHICH IT MAY
SUBJECTED TO
A LAWSUIT. ALL THE ARGUMENT IS
ARE THEY NON-DISCRETIONARY
BONUSES SHOULD BE CALCULATED
INTO OVERTIME RATE
FOR NOT EXEMPT EMPLOYEES SO
BASICALLY HOURLY WORKERS WORKED
OUT OVER TIME. ALL HOWEVER I
REALLY DON'T THINK THAT THAT'S
GOING
TO BE AN ISSUE AS
UNFOLD, REALLY REALISTICALLY
EMPLOYERS COULD A 100% MANDATE
LEGALLY MANDATE. THEIR
EMPLOYEES TO GET THE VACCINE
WITHOUT ANY TYPE OF
INCENTIVIZING BONUSES. 70% OF
CEOS ARE OPEN TO THAT BUT I
THINK DOING THE RIGHT THING AND
TO MONETARY EARLY WHETHER IT'S
THE TIME OFF OR PAGE
AT GIVING EMPLOYERS SOME BAD
EMPLOYEES, SOME BENEFIT TO
GOING AND GET THE VACCINE IS A
GOOD IDEA REALISTICALLY BECAUSE
OF THESE QUARANTINE RULES
EMPLOYERS HAVE TO
A LOT MORE MONEY WHEN SOMEBODY
COMES AND SHOWS OF THE COVID
AND EXPOSES OTHER PEOPLE THAT
OTHER PEOPLE HAVE TO STAY HOME
FOR EXAMPLE, THE SUPERMARKET
INDUSTRY GETS HIT HARD OR
HEALTH CARE WORKERS GET
HIM MORE. BUT THERE'S BEEN A
DIRECT CONTACT AND OTHERS WERE
QUITE A NUMBER OF PEOPLE TO
QUARANTINE SO THIS IS ACTUALLY
SAVING COMPANIES MONEY THE MORE
PEOPLE THAT GET THE VACCINE FOR
THEM THE BETTER.
>> YEAH I YOU
KNOW THINGS COULD GET MESSY ON
IF YOU HAVE PEOPLE WHO ARE
GETTING VACCINATED BUT OTHERS
WHO ARE NOT LET'S TAKE A LOOK
AT SOME OF THE COMPANIES ON
OFFERING UP TO
$200 FIRST TO EACH VACCINATED
EMPLOY WHEN WE TALK ABOUT
INCENTIVES HERE THEY'RE ON
AMTRAK GROCERY STORE CHAINS
KROGER PUBLIX RESTAURANTS LIKE
OLIVE GARDEN LONGHORN
STEAKHOUSE THE CAP GRILL AND
MCDONALD'S TARGET ALSO ON THIS
LIST. DO YOU THINK THE LEGAL
COUNSELS AT THESE LARGE
COMPANIES HAVE A BLIND SPOT ON
THESE ISSUES.
>> WELL IT ACTUALLY BUT I WOULD
MINIMALLY THE YEARS HE STILL
HASN'T COME OUT WITH ITS FORMAL
GARDENS, SO THERE IS GOING
TO BE. OR INVOLVED WITH WITH
HIS SECOND LITTLE BIG ALL
IT IS A MORE CONSERVATIVE
APPROACH WOULD HAVE BEEN TO
WAIT A LITTLE BIT BUT ON THE
SAME TOKEN AGAIN THAT THEY NEED
THEY NEED
TO STAFF. PRESIDENT AGAIN THE
PROBLEM IS THAT WAS WHEN
SOMEBODY IS SICK. THEY'RE NOT
THE ONLY ONE THAT HAS TO
STAY HOME WERE THEY DIDN'T
CONTACT DIRECT CONTACT WITH US
TO STAY HOME TO SO I THINK THAT
THE CHANCES THAT THEY'RE TAKING
OR MIDDLE
AND WORK.
>> OK SO JUST TO BE CLEAR
JOHNSON BEFORE YOU TO LET YOU
COMPANIES CAN MANDATE WE
REQUIRE THEIR EMPLOYEES TO GET
THE VACCINE EXCEPT THAT THEY
CANNOT DISCRIMINATE ON
A RELIGIOUS FACES OR THE BASIS
OF DISABILITIES THAT THE CASE.
>> YES, IT HAS TO BE A BONA
FIDE RELIGIOUS BASES AND ALSO
THE ECONOMY THE NATION YOU'RE
GOING TO NEED SOME MEDICAL
DOCUMENTATION TO SHOW THAT
SOMEHOW ALERTED TO THE VACCINE
AND POTENTIALLY WILL BE PUT IN
A VERY DANGEROUS
UNCERTAIN SITUATION. THERE'S
ALSO THERE'S OTHER ASPECTS WILL
BE DISCUSSED, BUT I THINK THAT