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Supreme Court Reinstates Stay of OSHA’s ETS

Not surprisingly, particularly after a recent oral argument on January 7, 2022, the Supreme Court reinstated the national stay of OSHA’s ETS today. In doing so, the Court found that the petitioners were “likely to succeed on...more

Sixth Circuit Court of Appeals Lifts OSHA’s ETS Stay: What Now?

On December 18, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s national stay of OSHA’s general duty COVID Emergency Testing Standard (ETS) that covers private employers with 100 or more employees, except...more

NYC Implements Wide-Ranging Pandemic Restrictions, Including Private Sector Vaccine Mandate

On the morning of December 6, 2021, Mayor Bill de Blasio announced major expansions to the “Key to New York City” program. The city will issue additional enforcement and reasonable accommodation guidance on December 15,...more

Canadian Union Challenges to Mandatory Proof of COVID-19 Vaccination Policies

Today we have insights from Norm Keith , a management-side employment and labor lawyer for KPMG. The COVID-19 pandemic continues with over 5.1 million deaths worldwide and over 29,000 in Canada. Tens of thousands of...more

Florida Law Prohibits Vaccination Mandate Without Five Specific Individual Exemptions

On November 18, 2021 Florida Governor Ron DeSantis signed legislation banning private employers, regardless of size, from mandating COVID-19 vaccinations unless several exemptions are offered to employees. Effective...more

Court Affirms Stay of OSHA Vaccinate-or-Test Emergency Temporary Standard

In a very strongly worded 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its earlier stay of OSHA’s COVID-19 Emergency Temporary Standard (ETS) calling for employee vaccination or weekly testing...more

5th Circuit Continues Stay of OSHA ETS – What Do Employers Do Now?

As we reported a day after the November 5, 2021, effective date of OSHA’s ETS, the Fifth Circuit issued a temporary stay of the ETS pending further proceedings. On November 12, 2021, a three-judge panel of the Fifth Circuit...more

OSHA Publishes General Industry Emergency Temporary Standard

OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers...more

More Than 100 Employees? Mandatory Vaccinations Or Weekly Testing Soon To Be Required Under OSHA’s Forthcoming Emergency Temporary...

On September 9, 2021, the Department of Labor announced plans to issue an emergency temporary standard (“ETS”) requiring employers with more than 100 employees to ensure that every employee is fully vaccinated against...more

Adverse Vaccine Reaction: An OSHA Recordable Event Or Not?

As more businesses reopen without restrictions and increased availability of vaccine supplies, many employers contemplate a mandatory vaccine policy. The decision turns on individualized facts to each organization, such as...more

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