Key Takeaways of the Court’s Rulings: OSHA cannot enforce its vax-or-test ETS covering all employers with 100 or more employees, and employers have no obligations under it. However, the CMS mandate affecting certain health...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court has announced that, on January 7, 2022, it will hear oral argument on challenges to two of the Biden administration’s significant rules regarding COVID-19 vaccination and testing in the workplace: OSHA’s...more
On December 17, 2021, the Sixth Circuit Court of Appeals lifted a nationwide stay of OSHA’s Emergency Temporary Standard (ETS) which requires employers with 100 or more employees to mandate vaccination or regular testing of...more
As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more
12/1/2021
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Notice and Comment ,
OSHA ,
Preliminary Injunctions ,
Rulemaking Process ,
Subcontractors ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
On November 6, 2021, the Fifth Circuit Court of Appeals granted an emergency motion to stay OSHA’s Emergency Temporary Standard (the “ETS”) regarding vaccines and testing for employers with at least 100 employees (see our...more
As President Biden previewed in a September speech, many employers with 100 or more employees will be required to mandate COVID-19 vaccines or regular testing and masking for employees. Key details of the Emergency Temporary...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Infectious Diseases ,
OSHA ,
Preemption ,
Reasonable Accommodation ,
Religious Accommodation ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden signed executive orders that will require that all federal executive branch workers to be vaccinated for COVID-19 (the “Federal Employee Order”) and that this standard be extended to...more
On September 9, 2021, President Biden announced his administration’s “action plan” for finding a “path out of the pandemic.” President Biden has directed OSHA to develop a rule that will require all employers with 100 or more...more
9/10/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Health and Safety ,
Healthcare Facilities ,
Hospitals ,
Infectious Diseases ,
Masks ,
Nursing Homes ,
OSHA ,
Private Sector ,
Rulemaking Process ,
Vaccinations ,
Workplace Safety
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), a mandatory workplace safety rule aimed at protecting healthcare workers from COVID-19. OSHA also...more
According to the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Association (OSHA), fully vaccinated employees no longer need to wear a mask or physically distance in any...more
When the COVID-19 vaccination becomes readily available, can private employers require employees to take the vaccine? The short answer: Probably, provided employers are mindful that, depending on the work performed,...more