With the COVID-19 pandemic, employers generally had broad discretion to require employees to take COVID-19 tests before entering the workplace. However, the Equal Employment Opportunity Commission (“EEOC”) has recently...more
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
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