News & Analysis as of

Workplace Safety Preemption

Fisher Phillips

New Florida Law Blocks Certain Local Workplace Rules: Top 3 Things Employers Should Note

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Under a new Florida law, employers will need to turn to state and federal agencies – rather than local governments – for guidance on certain key workplace rules. Specifically, Governor Ron DeSantis signed HB 433 on April 11,...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

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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

Lowndes

CMS Vaccine Rule Stands: Providers Caught Between Federal Mandate and Florida Restrictions

Lowndes on

Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more

Holland & Knight LLP

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

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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

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

SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue

On December 7, 2021, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary...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

Akin Gump Strauss Hauer & Feld LLP

Vaccination Mandate for Federal Contractors, which Applies in Most Higher Education Settings, Preempts Contrary State Laws for Now

President Biden’s Executive Order 14042 (EO 14042) requires covered federal contractor employees to be fully vaccinated against COVID-19 by January 18, 2022, if they are not entitled to an accommodation due to disability or...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

Littler

New Florida Law Governs Employer Vaccine Mandates

Littler on

On November 15, the Florida Legislature convened for a special session to consider four proposed laws reacting to the recent federal vaccine mandates applicable to various employers throughout the country. ...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

Manatt, Phelps & Phillips, LLP

[Webinar] Vexed by the Vax: Understanding the Current State of Vaccine Science and Vaccine Laws - November 17th, 12:00 pm - 1:00...

As the number of discussions on returning to the office in a post-pandemic world increases, so does the number of questions about vaccine expectations. On November 4th, OSHA released the much anticipated Emergency Temporary...more

Fisher Phillips

Medicare and Medicaid Participants Face Sweeping New Workplace Vaccination Rule: A 5-Step Survival Guide

Fisher Phillips on

Note: This CMS Rule refenced in this Insight is separate and distinct from the OSHA ETS that was issued on November 4. Thus, although the CMS Rule could also be challenged in court, the November 6 court order blocking...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

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