Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more
1/28/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more
1/19/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal v State Law Application ,
Florida ,
Healthcare Workers ,
Infectious Diseases ,
Preemption ,
Stays ,
Vaccinations ,
Workplace Safety
Large Employer Vaccine-or-Test Mandate -
In a 6-3 decision, the United States Supreme Court yesterday issued a temporary stay of the OSHA Emergency Temporary Standard (ETS) requiring employers with 100 or more employees...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more
11/22/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
Federal v State Law Application ,
Florida ,
Governor DeSantis ,
Infectious Diseases ,
Multidistrict Litigation ,
OSHA ,
Preemption ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As anticipated, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) “vaccinate” or “test and mask” rule for large private employers, issued as an emergency temporary standard (ETS), came...more
11/15/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
First Amendment ,
Infectious Diseases ,
OSHA ,
Religious Freedom Restoration Act (RFRA) ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Yesterday, the Occupational Safety and Health Administration (OSHA) released its new emergency temporary standard (ETS) which generally mandates that private employers of 100 or more employees require employees either to...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expand coverage to legally married same-sex spouses, even if the employee lives in a state that does...more