News & Analysis as of

Executive Orders Appeals

Akin Gump Strauss Hauer & Feld LLP

Reviewing the 2022 SCOTUS Term

In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Clarifies Employer’s Obligation to Reimburse Expenses Depends on Whether They Were a Direct Consequence...

On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Backs Block on Contractor Vaccine Mandate

These days, efforts by the federal government to mandate COVID-19 vaccinations for various groups seem like ancient history. Nevertheless, federal courts continue hearing challenges to the mandates filed by state governments,...more

Snell & Wilmer

COVID-19 Lingering Effects on Government Contracting: New Guidance

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Although not receiving much media attention, in October 2022, the nationwide injunction on Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (the “EO”) was lifted. The injunction,...more

Sheppard Mullin Richter & Hampton LLP

EO 14042 Update 17.0 – Preview of Updated OMB Guidance

In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming?...more

Sheppard Mullin Richter & Hampton LLP

Just When You Thought It Was Safe To Go Back In The Water . . . The 11th Circuit Revives Executive Order 14042

With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters. On Friday, August 26, the 11th Circuit published a 66-page...more

Mintz - Employment Viewpoints

News of Recent Layoffs Prompts a Review of the WARN Act: What’s Changed Since 2020?

For the first time since the early days of the COVID-19 pandemic, employers are implementing a new wave of layoffs, particularly in the tech world, and it is anticipated that there are more to come as recession worries loom. ...more

Schwabe, Williamson & Wyatt PC

Challenge to Executive Branch Vaccine Mandate Dismissed

On Thursday, April 7, 2022, in Feds for Medical Freedom v. Biden, No. 22-400-43, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring implementation of Executive Order 14043,...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge in Texas Blocks Enforcement of Vaccine Mandate for Federal Workers

On Friday, January 21, 2022, Judge Jeffrey V. Brown of the Southern District of Texas issued a nation-wide injunction, blocking enforcement of President Biden’s Executive Order 14043. Executive Order 14043 requires...more

ArentFox Schiff

Sixth Circuit Revives OSHA Vaccine/Testing Emergency Temporary Standard

ArentFox Schiff on

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more

ArentFox Schiff

Federal Contractor Vaccine Mandate Enjoined Nationwide

ArentFox Schiff on

While much ink has been spilled over the applicability and ramifications of the federal contractor vaccine mandate, a federal court in Georgia has halted enforcement (at least temporarily) by issuing a nationwide injunction...more

Schwabe, Williamson & Wyatt PC

Nationwide Injunction Against Federal Contractor Vaccine Mandate ‎

On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more

Bass, Berry & Sims PLC

Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide

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On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more

Steptoe & Johnson PLLC

U.S. District Court Enjoins Vaccine Mandate for Federal Contractors in Kentucky, Ohio, and Tennessee

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As educational institutions sort through the contradictory patchwork of legal requirements regarding COVID vaccine mandates that have emerged over the past year, a U.S. District Court in Kentucky added one more wrinkle. While...more

Bass, Berry & Sims PLC

DOJ Seeks Stay of KY, OH, and TN Injunction; Hearings Go Forward in Other Government Contractor Vaccine Mandate Cases

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As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more

ArentFox Schiff

Federal Contractor Vaccine Mandate Enforcement Halted in 3 States/Deadline Delayed Nationwide

ArentFox Schiff on

Shifting standards and deadlines place additional burdens on contractors seeking to remain in compliance. What to Know - On November 30, 2021, a federal judge granted an injunction barring the government from enforcing the...more

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

Breaking News on the CMS Vaccination Rule: Less Than 24 Hours After Being Shelved in 10 States, the Rule Is Sidelined Nationwide

In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

Benesch on

As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Foley & Lardner LLP

Red Light, Green Light, Red Light: Considerations For Employers While Legal Challenges To The OSHA Emergency Temporary Standard Go...

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On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccines or...more

Rumberger | Kirk

In the Crossfire: What Florida HR Directors Need to Know about Recent State and Federal COVID-19 Vaccination Legislation

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On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring employers with more than 100 employees to, among other things,...more

Parker Poe Adams & Bernstein LLP

OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

Fifth Circuit Again Stays OSHA’s ETS...for Now

On November 12, 2021, a three-member panel of the United States Court of Appeals for the Fifth Circuit issued a sweeping order continuing its initial November 6, 2021, stay of the emergency temporary standard (ETS) that the...more

Smith Anderson

Preparing for OSHA’s COVID-19 Vaccine or Testing ETS for Large Employers

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On November 5, 2021, the federal Department of Labor’s Occupational Safety and Health Administration (OSHA) published its "COVID-19 Vaccination and Testing, Emergency Temporary Standard" (ETS) for employers with 100 or more...more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

Dorsey & Whitney LLP on

Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more

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