News & Analysis as of

Workplace Safety Preemption Occupational Safety and Health Administration

Tucker Arensberg, P.C.

AI in the Workplace: Navigating the Legal Minefield in the Digital Gold Rush

Tucker Arensberg, P.C. on

Artificial intelligence is transforming the workplace — but the law is struggling to keep up. In industries like steel and manufacturing, where efficiency, safety, and workforce management are paramount, the adoption of AI...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part III: The Duty to Comply With Standards

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Holland & Knight LLP

U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate

Holland & Knight LLP on

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

Holland & Knight LLP

A Dizzying Map of Federal Vaccination Mandates, Injunctions and Stays

Holland & Knight LLP on

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

Womble Bond Dickinson

OSHA’s New Rule on Mandatory COVID-19 Vaccination Is Back in Force (For Now)

Womble Bond Dickinson on

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

Winstead PC

The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

Winstead PC on

The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. ...more

Littler

Utah Enacts Law Related to COVID-19 Vaccination and Testing Requirements in the Workplace

Littler on

On November 16, 2021, Governor Spencer J. Cox signed SB2004 into law, placing limitations and additional obligations on Utah employers that have implemented vaccine or testing requirements on employees....more

Stinson LLP

New Kansas Law Creates Uncertainty and Risk for Employers Complying with Federal COVID-19 Vaccination Requirements

Stinson LLP on

On November 23, 2021, Kansas Governor Laura Kelly signed House Bill 2001, following a special session called by the Kansas legislature. This new law presents potential conflicts with federal vaccine requirements for federal...more

Littler

Additional Pushback from Certain States on Governmental and Private Employer Vaccine Mandates

Littler on

Certain states are continuing to prohibit or severely curb the ability of private employers to mandate that employees be vaccinated against COVID-19. In just 10 days since our most recent update, several additional states...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

Lowndes on

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Littler

Understanding the Current Status of Multiple ETSs – Both Federal and California

Littler on

It has been a difficult couple of months for California employers seeking to navigate planning for possible changes to their workplace safety plans, in view of multiple new sources of potential obligations. ...more

Littler

Day 2: Application of Florida’s Vaccine Mandate Law

Littler on

As we relayed in our prior ASAP, Governor DeSantis signed HB-1B into law on November 18, potentially affecting all Florida employers and certainly causing many to reconsider any policies already adopted relating in any way to...more

Quarles & Brady LLP

Florida Legislation Restricting Workplace Vaccine Mandates — What Florida Employers Need to Know

Quarles & Brady LLP on

Following a special legislative session requested by the Governor to address COVID-19 related matters, on November 18, 2021, Governor Ron DeSantis signed legislation aimed at dismantling COVID-19 vaccine mandates imposed by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Florida Laws Restrict Workplace Vaccine Mandates and Begin State OSH Plan Process

On November 18, 2021, Governor Ron DeSantis signed into law measures that immediately prohibit workplace COVID-19 vaccine mandates for private and public employers and begin the process for Florida establishing a state...more

Latham & Watkins LLP

10 Employer Obligations Required by OSHA’s COVID-19 Vaccine-or-Test Mandate

Latham & Watkins LLP on

Employers with 100 or more employees may wish to begin preparing for the emergency temporary standard’s imminent deadlines, despite pending legal challenges. ...more

Smith Anderson

OSHA Issues its Vaccine Mandate

Smith Anderson on

The Occupational Safety and Health Administration ("OSHA") published a new Emergency Temporary Standard ("ETS") in the Federal Register today. This is the workplace vaccine mandate promised by President Biden on September...more

Eversheds Sutherland (US) LLP

OSHA announces emergency temporary standard on COVID-19 vaccination and testing

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced an “Emergency Temporary Standard” (ETS) on workplace safety and coronavirus. The ETS is in response to President Biden’s directive in...more

Seyfarth Shaw LLP

Policy Matters Newsletter - November 2021

Seyfarth Shaw LLP on

OSHA: From The Back Page To The Headlines. If asked in January of 2020 what exactly OSHA is and what it does within the Department of Labor, we would venture that the majority of PMN readers would not have a completely...more

Faegre Drinker Biddle & Reath LLP

OSHA Requires Employers with 100+ Employees to Ensure Their Employees Are Vaccinated or Submit to Weekly Testing

Today, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure that their employees who report to a workplace are...more

Foley & Lardner LLP

OSHA Emergency Temporary Standard: It’s Out!

Foley & Lardner LLP on

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the Emergency Temporary Standard (ETS) that concerns vaccine mandates and large private employers early Thursday, November 4th....more

Parker Poe Adams & Bernstein LLP

Digging Into the Details of the New Federal Vaccinate-or-Test Requirement Impacting Many Workplaces

On November 4, the Department of Labor’s Occupational Safety and Health Administration released the details for its emergency temporary standard requiring all employers with 100 or more employees to develop, implement, and...more

Bricker Graydon LLP

Long-awaited Federal Vaccine Mandates Are Here!

Bricker Graydon LLP on

On September 9, 2021, President Biden announced a series of directives that would increase the number of vaccinated workers, in an effort to limit the spread of COVID-19 and its variants. Guidance applicable to federal...more

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