A resolution adopted by the Nurse Alliance Leadership Council of SEIU Healthcare opposing mandatory flu vaccine and masking policies may add another challenge to healthcare employers seeking to implement such requirements.  Other unions representing healthcare workers have taken similar positions.  This opposition from labor unions is at odds with the efforts of regulators in many states to increase the percentage of healthcare workers who receive the flu vaccine.  For example, in Massachusetts, the Department of Public Health set a 90% flu vaccination coverage rate as the target for acute care hospitals during the 2012-2013 flu season. 

The SEIU has also filed a lawsuit in federal court challenging the state of Rhode Island’s requirement that healthcare workers be vaccinated.  (While many states require hospitals to offer flu vaccines to their employees, only Rhode Island requires that healthcare workers be vaccinated.) 

Mandatory flu vaccination and masking programs have also been the subject of recent litigation regarding religious accommodations and employer bargaining obligations under the National Labor Relations Act.  In addition, the EEOC has recently weighed in on employers’ rights to make reasonable inquiries about an employee’s religious beliefs when the employee objects to the vaccination on religious grounds.  These programs can also raise accommodation issues under state and federal disability discrimination laws.  The SEIU’s opposition to mandatory flu vaccination and masking programs for healthcare workers is one more issue for employers to address when developing these programs. 

Tags: "flu vaccine", "reasonable accommodation", "religious accommodation", mandatory, masking, SEIU
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Photo of Michael R. Bertoncini Michael R. Bertoncini

Michael R. Bertoncini is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He practices labor and employment law, with a particular emphasis on labor relations, employment law counseling and litigation, and data privacy and security law.

In labor relations matters…

Michael R. Bertoncini is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He practices labor and employment law, with a particular emphasis on labor relations, employment law counseling and litigation, and data privacy and security law.

In labor relations matters, he regularly counsels clients on the practice of positive employee relations, negotiates collective bargaining agreements on behalf of organized clients, represents clients in labor arbitrations and National Labor Relations Board proceedings, and counsels clients with respect to rights and obligations under collective bargaining agreements and applicable labor and employment laws. He also has extensive experience in advising organizations responding to corporate campaigns and negotiating neutrality agreements.

Mr. Bertoncini’s privacy and data security practice focuses on advising clients on complying with HIPAA and other state and federal privacy and data security laws. He regularly reviews and develops policies and procedures, written information security plans and integrated compliance programs to assist clients in meeting their obligations under privacy and data security laws. Mr. Bertoncini has represented clients in investigations of alleged data breaches and advises them on their reporting obligations in the event of a data breach. He also conducts workplace training programs on HIPAA compliance and related privacy and data security topics.

Before joining Jackson Lewis, Mr. Bertoncini was Deputy General Counsel for a hospital system that is the largest fully integrated community care organization in New England. He was responsible for all of the system’s labor and employment law matters, and was involved in its acquisition by a private equity firm as well as its growth from six to ten hospitals in a twelve-month period. His three years as in-house counsel for this large health care system give Mr. Bertoncini a keen understanding of the impact of labor and employment law issues on clients’ business operations.

In addition to his labor relations and privacy experience, Mr. Bertoncini has extensive experience in conducting internal investigations and counseling clients on whistleblower and retaliation matters, as well as negotiating executive agreements, both employment and separation agreements. Mr. Bertoncini also represents clients in the litigation of employment matters. His litigation experience includes matters before federal and state courts and administrative agencies. He has appeared before United States Courts of Appeals and District Courts, Massachusetts and New York state courts, the Equal Employment Opportunity Commission, and the Massachusetts Commission Against Discrimination.

Mr. Bertoncini is a frequent speaker and trainer on labor and employment law topics for various organizations including Massachusetts Continuing Legal Education, Council on Education in Management, Lorman Education Services, the Boston Bar Association, and several chambers of commerce.

While attending Boston College, he received the John A. McCarthy, SJ Award for the most distinguished Scholar of the College thesis.

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