The Fifth Circuit in Louisiana v. Biden upheld a Louisiana federal district court in blocking President Biden’s vaccine mandate on December 19, 2022, in a 2-1 decision, prohibiting the Biden administration from enforcing the...more
Key Takeaways of the Court’s Rulings: OSHA cannot enforce its vax-or-test ETS covering all employers with 100 or more employees, and employers have no obligations under it. However, the CMS mandate affecting certain health...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
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
12/1/2021
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Notice and Comment ,
OSHA ,
Preliminary Injunctions ,
Rulemaking Process ,
Subcontractors ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
Employers covered under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”) have a duty to bargain with unions representing employees over certain aspects of the ETS, according to Jennifer Abruzzo,...more
11/12/2021
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Masks ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unions ,
Vaccinations ,
Virus Testing
On September 9, 2021, President Biden signed executive orders that will require that all federal executive branch workers to be vaccinated for COVID-19 (the “Federal Employee Order”) and that this standard be extended to...more
On July 27, 2021, the CDC revised its advisory guidance - providing that even the fully vaccinated should wear a mask indoors in public if in an area of “substantial or high transmission.” The CDC has provided a map...more
According to the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Association (OSHA), fully vaccinated employees no longer need to wear a mask or physically distance in any...more
On March 29, 2021, a new law took effect in California requiring most employers to provide supplemental paid sick leave to employees for a variety of COVID-19-related circumstances. The new law, approved by Governor Newsom on...more
4/2/2021
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
New Legislation ,
Notice Requirements ,
Paid Sick Leave ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Supplemental Benefits ,
Tax Credits ,
Vaccinations ,
Wage and Hour
On April 27, 2020, Governor Mike DeWine issued a detailed plan to begin to reopen businesses across Ohio in the hopes of increasing economic activity while managing the risks associated with the COVID-19 pandemic. The...more
Several states have begun to implement plans to “re-open” their economies. Many of these re-opening plans involve multiple phases during which various sets of businesses may resume operations. States may also require...more
On April 27, 2020, Governor Mike DeWine issued a detailed plan to begin to reopen businesses across Ohio in the hopes of increasing economic activity while managing the risks associated with the COVID-19 pandemic.
The plan...more
Due to the vast impact of the COVID-19 pandemic on every facet of life, many employers have considered reducing hours or closing worksites in order to withstand the devastating economic slowdown. The pandemic has especially...more