#WorkforceWednesday®: PAGA in California, NLRB Authority, New Employment Laws in 2025 - Employment Law This Week®
#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®
In That Case: Securities and Exchange Commission v. Jarkesy
#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®
KT Sound Bytes Episode 1 | The Effects of the Supreme Court Decision in Liu v. SEC
Pending Supreme Court PTAB cases
U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more
The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with...more
Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more
On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more
After hearing oral argument on January 7, 2022, on January 14, 2022, the Supreme Court issued a ruling staying the Biden administration’s vaccine or testing mandate for large employers. As many doubtless know, on...more
On January 13, 2022, the United States Supreme Court stayed the vaccine-or-test mandate issued by the Occupational Safety and Health Administration (“OSHA”) for private sector employers with 100 or more employees. This...more
A pair of rulings issued by the United States Supreme Court on January 13, 2022 provided employers with some clarity on vaccine mandates pushed by the Biden Administration. One ruling blocked the Vaccination or Test Emergency...more
On September 9, 2021, President Biden announced a plan “to require more Americans to be vaccinated.” As part of that plan, President Biden instructed the Department of Labor to issue an emergency rule mandating that employers...more
The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more
Today, the United States Supreme Court decided to block the OSHA Emergency Temporary Standard (“ETS”) requiring that employers with 100 or more employees ensure that their employees are vaccinated or tested weekly for...more
Today, the U.S. Supreme Court issued a stay of the November 4, 2021 Emergency Temporary Standard (“ETS”) developed by the Occupational Safety and Health Administration (“OSHA”). OSHA’s ETS had provided, among other...more
On January 13, 2022, the United States Supreme Court issued its highly anticipated decision blocking the Biden administration from enforcing an Occupational Safety and Health Administration (“OSHA”) rule mandating...more
A divided Supreme Court delivered two highly-anticipated decisions on January 13, 2022, announcing whether the federal Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS)...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
On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded...more
On January 13 in two highly anticipated decisions, the U.S. Supreme Court first reinstated an injunction blocking implementation of the Occupational Safety and Health Administration’s COVID-19 emergency temporary standard...more
In a 6-3 decision, the US Supreme Court voted to stay the vaccine-or-test regulation, ruling that the Biden administration’s vaccine-or-test requirements for large private companies exceeded their authority. Separately, the...more
The United States Supreme Court blocked the Biden administration from implementing and enforcing its OSHA vaccine-or-test requirements for large, private companies, see here. In a 6-3 majority opinion, the Court found that...more
Following an expedited hearing on January 7, 2022, the United States Supreme Court granted a petition for stay of enforcement of OSHA’s COVID-19 Vaccination and Testing; Emergency Temporary Standard that would have been...more