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With Flu Season Upon Us, OSHA Signals That Employers Should Continue To Encourage Vaccination For Their Workforces

Seyfarth Synopsis: With concerns of infectious disease at the forefront of workplace health and safety in the past several years, and with the traditional flu and cold season upon us, OSHA has reminded the regulated...more

New Frontier in COVID-19 Vaccine Litigation

Seyfarth Synopsis: Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance...more

CDC Interpretive Summary on COVID-19 for August 26, 2022

Seyfarth Synopsis: The CDC has found that COVID-19 cases, hospitalizations, and deaths are leveling off from their rise over the summer. The CDC advises that Americans can help prevent these numbers from increasing again by...more

Adding to the U.S.’s COVID-19 Vaccine Arsenal, FDA Issues EUA for Novavax – Will it Impact Religious Accommodations?

Seyfarth Synopsis: On July 13, 2022, the U.S. Food and Drug Administration (“FDA”) issued an emergency use authorization (“EUA”) for the Novavax COVID-19 Vaccine, Adjuvanted. Beyond adding another vaccination option in the...more

In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As...

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more

Still Coughing: Now-Dominant COVID-19 Variant Can Elude Current Vaccines, Prompts FDA Action

Seyfarth Synopsis: Omicron BA5 strain has become dominant and has evolved to render vaccinations and boosters less effective, resulting in many employers revisiting their COVID-19 policies....more

Rulemaking Continues on New OSHA COVID-19 Permanent Standard to Protect Healthcare Workers

Seyfarth Synopsis: The federal Occupational Safety and Health Administration (OSHA) has reopened its rulemaking record and scheduled an informal public hearing to seek comments on specific topics that relate to the...more

OSHA Acknowledges Reality; Withdraws COVID-19 Vaccination and Testing ETS

Seyfarth Synopsis: OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022....more

OSHA ETS Stayed Again — Supreme Court Characterizes ETS as Public Health Measure Outside of OSHA’s Jurisdiction

Seyfarth Synopsis: On January 13, 2022, the Supreme Court stayed enforcement of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), pending further litigation in the U.S. Court of Appeals for the...more

Supreme Court Special Session – The U.S. Supreme Court Hears Arguments on the OSHA COVID-19 ETS

Seyfarth Synopsis: In an unusual special session, on January 7, 2022, the U.S. Supreme Court heard oral arguments regarding OSHA’s Vaccination and Testing Emergency Temporary Standard (ETS), which requires employers with 100...more

Supreme Court Will Hold Special Session on OSHA’s COVID-19 Vaccination and Testing ETS, as well as Healthcare CMS Vaccination...

Seyfarth Synopsis: On January 7, 2022, in an extraordinary open session, the Supreme Court will reconsider the dissolved stay of the OSHA ETS, as well as the injunctions blocking the CMS healthcare vaccination mandate in 25...more

OSHA’s COVID-19 Vaccination and Testing ETS Revived as Sixth Circuit Dissolves Stay

Seyfarth Synopsis: On December 17, 2021, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved its sister Fifth Circuit’s stay of the Occupational Safety and Health Administration’s COVID-19...more

Judge Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Seyfarth Synopsis: On December 7, 2021, United States District Judge for the Southern District of Georgia R. Stan Baker enjoined the government “during the pendency of this action or until further order of this Court, from...more

U.S. District Court Enjoins Federal Contractor COVID-19 Vaccine Mandate in Kentucky, Ohio, and Tennessee

In a November 30, 2021 opinion blocking the Biden Administration’s federal contractor COVID-19 vaccine mandate, Judge Gregory F. Van Tatenhove, U.S. District Judge for the Eastern District of Kentucky posed a “narrow”...more

U.S. Court of Appeals for the Sixth Circuit Selected to Rule on OSHA COVID ETS Per Judicial Panel on Multidistrict Litigation

Seyfarth Synopsis: The Judicial Panel on Multidistrict Litigation (MDL) lottery selected the U.S. Court of Appeals for the 6th Circuit to hear the consolidated legal challenges to OSHA’s COVID-19 Vaccination and Testing...more

Impacts of 5th Circuit Extension on Employers OSHA ETS Compliance

On Friday, November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit extended its initial stay regarding OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Fifth Circuit made clear how...more

What Must Employers Do to Comply with OSHA’s ETS? Check out our Checklist for Answers

Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion....more

What Must Employers Do to Comply with OSHA’s ETS? Check out our Checklist for Answers

Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion....more

OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline

The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS...more

OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review

Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard requiring private employers with more than 100 employees to...more

Federal Acquisition Regulatory Council Expands Scope of Federal Contractor COVID-19 Vaccine Mandate

On Friday, October 1, 2021, a full week ahead of its October 8 deadline, the Federal Acquisition Regulatory Council (“FAR Council” or “Council”) issued a Federal Acquisitions Regulation (“FAR”) deviation contract clause that...more

It’s Finally Here! And it Applies Broadly: The Safer Federal Workforce Task Force Releases Safety Guidance for Federal Contractors

As directed by President Biden’s September 9, 2021 Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” today the Safer Federal Workforce Task Force issued workplace safety guidance...more

Path Out of the Pandemic - Implications for Employers

On September 9, 2021, the Biden Administration announced its COVID-19 Action Plan, titled the “Path Out of the Pandemic.”  The Plan’s six pillars are: Of particular interest to employers is the first pillar.  To “vaccinate...more

OSHA to Issue New COVID Emergency Temporary Standard Mandating COVID-19 Vaccination, Testing, Paid Time Off

Seyfarth Synopsis: President Biden announced a six-pronged, “comprehensive national strategy” to combat COVID-19, which will include a second OSHA Emergency Temporary Standard requiring vaccines or testing....more

FDA Grants Full Approval to the Pfizer Vaccine

Seyfarth Synopsis: Today the FDA approved Comirnaty (COVID-19 Vaccine, mRNA), previously known as Pfizer-BioNTech COVID-19 Vaccine, to prevent COVID-19 disease in individuals 16 and older. This could be big news for those on...more

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