News & Analysis as of July 25, 2025

Supreme Court of the United States

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2025

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

Policy Matters Newsletter - July 2023

Seyfarth Shaw LLP on 7/27/2023

After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

SCOTUS Update: Administrative Law Takeaways from Biden v. Nebraska

ArentFox Schiff on 7/10/2023

Last week, the US Supreme Court ruled that the Biden Administration’s efforts to cancel $430 billion in student loan balances was legally unsupportable. Forty-three million Americans will remember Biden v. Nebraska when...more

Oral Argument on Federal Contractor Vaccine Mandate and Potential Impact of Supreme Court ‎Decisions

Schwabe, Williamson & Wyatt PC on 3/25/2022

Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction - Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more

CMS Vaccine Mandate and Home Care Providers – Investor Takeaways

Foley & Lardner LLP on 3/2/2022

The COVID-19 vaccine mandate implemented by the Centers for Medicare and Medicaid Services (CMS) has affected investor interest in non-acute care providers and suppliers, including home care providers. As our colleagues...more

Beltway Buzz - February 2022 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2022

Government Avoids Shutdown. Perhaps already missing professional football, the U.S. Congress this week punted on federal government funding. Funding for the government was set to expire at 11:59 p.m. on February 18, 2022, but...more

What Do the Supreme Court’s Decisions on COVID-19 Vaccine Mandates Mean for the American Workforce?

Zuckerman Spaeder LLP on 2/17/2022

On January 13, 2022, the U.S. Supreme Court struck down one federal COVID-19 vaccine mandate (on large employers) while leaving another (on federally funded healthcare facilities) intact. On balance, these decisions curb...more

Pick Your Backlash: Deciding on a COVID-19 Vaccination Policy Means Backlash for Employers, Regardless of the Policy They...

Brooks Pierce on 2/15/2022

Last month, the U.S. Supreme Court struck down the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine or test mandate for businesses with at least 100 employees. Thereafter, the Biden Administration...more

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

Pullman & Comley - Labor, Employment and... on 2/3/2022

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

Supreme Court Ruling Permits CMS Vaccine Mandate for Employees of Healthcare Facilities to Become Effective

Bradley Arant Boult Cummings LLP on 2/2/2022

On Thursday, January 13, 2022, the Supreme Court of the United States issued its opinions in each of the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination...more

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

Lowndes on 1/28/2022

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

Biden Administration Withdraws Workplace Vaccine Mandate

Kohrman Jackson & Krantz LLP on 1/27/2022

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

OSHA Withdraws the Vaccinate-or-Test Emergency Temporary Standard

Bodman on 1/27/2022

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

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

Kohrman Jackson & Krantz LLP on 1/27/2022

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

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

Levenfeld Pearlstein, LLC on 1/27/2022

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

More Administration Actions on the COVID-19 Vaccination Front

Stinson - Government Contracting Matters on 1/27/2022

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

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

Littler on 1/26/2022

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

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

FordHarrison on 1/26/2022

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

OSHA Withdraws Vax-or-Test Emergency Temporary Standard

Polsinelli on 1/26/2022

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

OSHA Withdraws Vaccination and Testing ETS

Robinson+Cole Environmental Law + on 1/26/2022

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

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

Proskauer - Law and the Workplace on 1/26/2022

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

Whiplash! Changing Regulatory Mandates for COVID

Mitratech Holdings, Inc on 1/24/2022

In a 6-3 vote, the court recently rejected President Biden’s plan to require vaccines or regular COVID testing at companies with over 100 workers. So how does this affect your HR department? Recent regulation changes:...more

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

Dentons on 1/24/2022

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

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts...

Morrison & Foerster LLP on 1/24/2022

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in...more

Federal Contractor Vaccine Mandate Remains on Hold

Butler Snow LLP on 1/21/2022

Employers across the country were provided guidance on vaccine mandates by the United States Supreme Court (“SCOTUS”) last week. In a 6-3 decision, SCOTUS blocked the Department of Occupational Safety and Health...more

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Occupational Safety and Health Administration › Biden Administration › Supreme Court of the United States

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