Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more
In the ongoing legal battle over the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”), a federal appeals court has given OSHA authority - for now -...more
On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the nationwide stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”) that...more
Several updates related to COVID-19 vaccination mandates occurred this week at the federal and local levels. On December 17, the 6th U.S. Circuit Court of Appeals lifted the stay on the federal government’s mandate that...more
On Friday, December 17, 2021, the United States Court of Appeals for the Sixth Circuit breathed new life into the Biden Administration’s COVID-19 vaccine mandate for employers with 100 or more employees. The 6th Circuit’s...more
On December 17, 2021, a three-judge panel for the Sixth Circuit Court of Appeals (with one judge dissenting) lifted the nationwide temporary stay of the Occupational Health and Safety Administration’s (OSHA) Emergency...more
Development: On Friday, December 17, 2021, a three-judge panel of the 6th Circuit Court of Appeals lifted the stay that had been placed on the OSHA “Emergency Temporary Standard” (ETS) for larger private employers regarding...more
On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementation and enforcement of the OSHA Emergency Temporary Standard (ETS) that was previously issued by the Court of Appeals...more
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions,...more
Late on Friday, December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals ruled 2-1 to lift the stay imposed by the Fifth Circuit Court of Appeals on November 6, 2021 on the OSHA COVID-19 Vaccination and...more
On December 15, 2021, a federal appeals court in New Orleans lifted a nationwide stay of the rule (issued by the Centers for Medicare and Medicaid Services (CMS) on November 4, 2021) that required COVID-19 vaccinations for...more
On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more
The federal government’s vaccinate-or-test-and-mask policy impacting many private workplaces is no longer on hold. On November 4, the Occupational Safety and Health Administration issued its emergency temporary standard (ETS)...more
On December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals dissolved the stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more
On December 17, 2021, the Sixth Circuit Court of Appeals lifted a nationwide stay of OSHA’s Emergency Temporary Standard (ETS) which requires employers with 100 or more employees to mandate vaccination or regular testing of...more
What You Need to Know - ..The injunction on the ETS has been lifted and the rules are currently in effect ..OSHA has offered a brief non-enforcement holiday for violations ..OSHA will not enforce regulations until...more
Lawren Freeman entered into a contract with SmartPay Leasing LLC to lease a smartphone. The contract included an arbitration clause. Freeman filed suit in the federal district court against SmartPay. ...more
Each year, U.S. employers who have at least 100 employees or are a government contractor with 50+ employees and at least $50,000 in government contracts must file an EEO-1 form with the Equal Employment Opportunity Commission...more
Employers would be forgiven for feeling figurative whiplash from all of the developments surrounding the EEO-1 in recent weeks. After understanding they would not have to submit pay data with their EEO-1 submissions (referred...more
On April 29, 2019, the EEOC issued the following statement regarding the recent EEO-1 developments: Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection - EEO-1 filers should begin preparing to submit...more
On April 25, 2019, Judge Tanya Chutkan ordered the U.S. Equal Employment Opportunity Commission (EEOC) to collect detailed data on employee compensation and hours worked from covered employers sorted by job category, pay...more
According to published reports, US District Judge Tanya Chutkan issued a ruling from the bench today ordering employers to submit the pay data component of the EEO-1 form (“Component 2”) by September 30, 2019. In March, Judge...more
As employers consider pay equity issues and disclosures, they are closely watching a recent federal district ruling that reinstated an Obama-era rule requiring large employers to collect and annually report wage data by...more
According to published reports, the federal judge who ordered the EEOC to reinstitute the stayed compensation portion of the EEO-1 report (referred to as “Component-2 data”) has given the EEOC until April 3 to provide...more
As we previously reported, a federal judge has lifted the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the...more