News & Analysis as of

Employer Liability Issues Constitutional Challenges Supreme Court of the United States

Davis Wright Tremaine LLP

Birthright Citizenship Remains Intact Due to New Injunction: Key Points for Employers

The recent Supreme Court decision, that no single judge may block President Trump's effort to end birthright citizenship on a nationwide basis, was set to go into effect on July 27, 2025. But a court ruling in a class action...more

Gibney Anthony & Flaherty, LLP

Supreme Court Limits Nationwide Injunctions, Impacting Birthright Citizenship Executive Order

On June 27, 2025, the Supreme Court issued a ruling to limit the ability of federal district judges to issue broad nationwide injunctions. This decision was issued in connection with several legal challenges to prevent the...more

Parker Poe Adams & Bernstein LLP

What Supreme Court Decision on Universal Injunctions, Birthright Citizenship Means for International Businesses

The Supreme Court agreed to a partial stay to severely limit universal injunctions issued by district court judges as part of ongoing litigation over President Donald Trump’s executive order (EO) on birthright citizenship —...more

Seyfarth Shaw LLP

SCOTUS on ACA Challenge: Seriously Guys, We’re Doing This Again?

Seyfarth Shaw LLP on

In a closely watched decision, the Supreme Court has upheld the authority of the U.S. Preventive Services Task Force (Task Force), preserving the Affordable Care Act’s (ACA) requirement that health plans cover preventive...more

FordHarrison

Supreme Court Limits the District Courts' Ability to Issue Universal Injunctions Against Executive Orders and Agency Action

FordHarrison on

In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for...more

Jackson Lewis P.C.

SCOTUS’s CASA Decision Ends Nationwide Injunctions, Creating Uncertainty Around Enforcement of Executive and Agency Actions

Jackson Lewis P.C. on

In a 6-3 opinion, the U.S. Supreme Court partially stayed the nationwide injunctions issued by three district courts against enforcement of President Donald Trump’s executive order (EO) fundamentally changing birthright...more

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP on

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

BakerHostetler

Supreme Court to Decide the Fate of Universal Injunctions

BakerHostetler on

The Supreme Court is prepared to determine the legality of a powerful but controversial judicial remedy — the universal injunction. The case, Trump v. CASA, Inc., reached the Justices after a lower court barred the Trump...more

Cranfill Sumner LLP

Supreme Court Cert Denials: Beyond the Headlines

Cranfill Sumner LLP on

While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more

Fisher Phillips

SCOTUS Delivers a Win for Businesses Challenging Federal Agency Actions: 4 Key Takeaways for Employers

Fisher Phillips on

The Supreme Court recently handed a victory to employers by giving them more tools to challenge federal agencies during administrative proceedings. Employers likely know how daunting it can seem to challenge federal officials...more

Fisher Phillips

SCOTUS Predictions: Could Supreme Court Shake Up Regulatory Agencies and Add to Employers’ Litigation Arsenal?

Fisher Phillips on

Many employers are already well aware of how scary it can seem to be on the receiving end of a federal agency’s investigation or action – be it the National Labor Relations Board, the Department of Labor, OSHA, the EEOC, or...more

Akin Gump Strauss Hauer & Feld LLP

A Momentous Year for PAGA

The past year saw appellate courts weigh in on a number of critical questions regarding the Private Attorneys General Act (PAGA), headlined by the U.S. Supreme Court’s ruling in Viking River Cruises, Inc. v. Moriana, 142 S....more

Pullman & Comley - Labor, Employment and...

Red Light, Green Light: A Status Update on Federal Vaccine Mandates for Private Employers

OSHA’s Emergency Temporary Standard - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring most employers with 100 or more employees to either...more

Lowndes

OSHA Throws in Towel on Emergency "Vaccinate-or-Test" Mandate; Permanent Rule Looms

Lowndes on

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

Kohrman Jackson & Krantz LLP

Biden Administration Withdraws Workplace Vaccine Mandate

The Occupational Safety and Health Administration (OSHA) formally withdrew the COVID-19 vaccine mandate for large private employers effective Jan. 26, 2022. This announcement follows the United States Supreme Court’s recent...more

Bodman

OSHA Withdraws the Vaccinate-or-Test Emergency Temporary Standard

Bodman on

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or...more

Kohrman Jackson & Krantz LLP

After Scotus Ruling On Vax Mandate, What’s Next For Employers?

On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more

Levenfeld Pearlstein, LLC

Supreme Court Halts OSHA Vaccine/Testing Mandate, But Permits Healthcare Industry Requirement

Recently, the U.S. Supreme Court blocked the OSHA Emergency Temporary Standard (“ETS”) that would have required all employers with 100+ employees to mandate vaccination or testing, while allowing the Department of Health and...more

Stinson - Government Contracting Matters

More Administration Actions on the COVID-19 Vaccination Front

The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates. OSHA withdraws OSHA Emergency Temporary Standard (ETS) - On January 13, 2022, the Administration’s...more

Littler

Federal OSHA Withdraws its Vaccine-or-Test ETS: What’s Next?

Littler on

On January 26, 2022, the federal Occupational Safety and Health Administration (OSHA) withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which required large employers to ensure that their...more

FordHarrison

OSHA Withdraws COVID-19 Shot-Or-Test Emergency Rule

FordHarrison on

The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision...more

Polsinelli

OSHA Withdraws Vax-or-Test Emergency Temporary Standard

Polsinelli on

Following the Supreme Court’s ruling earlier this month, the Occupational Safety and Health Administration (“OSHA”) is withdrawing the vaccination and testing emergency temporary standard (“ETS”). The withdrawal is effective...more

Robinson+Cole Environmental Law +

OSHA Withdraws Vaccination and Testing ETS

Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have...more

Proskauer - Law and the Workplace

OSHA Withdraws Emergency Temporary Standard Mandating Vaccination or Testing/Masking Policies for Employers with 100 or More...

On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to...more

Dentons

COVID-19 Policies and US Employers: Charting a Path Forward

Dentons on

The legal landscape around COVID-19 policies and vaccine mandates in the workplace continues to shift under the feet of US employers. With the January 13 US Supreme Court ruling on the OSHA and CMS vaccine rules, and...more

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