In a 6-3 decision issued very soon after the January 7, 2022 oral argument last Friday, the U.S. Supreme Court yesterday reversed the U.S. Court of Appeals for the Sixth Circuit, and reinstated the stay of enforcement against...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”). One issue pertained to the merits of the appeal and whether the OSHA ETS was...more
With the enforcement of the Federal OSHA COVID-19 Emergency Temporary Standard (“ETS”) on hold pending consolidated review by the U.S. Court of Appeals for the Sixth Circuit after multiple legal challenges and a temporary...more
Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing...more
11/18/2021
/ Appeals ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Suspensions ,
Vaccinations ,
Virus Testing
On Monday, November 8, 2021, Snell & Wilmer published a Legal Alert explaining that, on November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans granted a stay and suspended the federal OSHA emergency temporary...more
On Friday, November 5, Snell & Wilmer published a Legal Alert regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard ("ETS"). In that Legal Alert, we noted that...more
Almost two months after President Biden’s announcement of his administration’s mandatory vaccination plan, yesterday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published its...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Food and Drug Administration (FDA) ,
OSHA ,
Policies and Procedures ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor,...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
More than a month after the Centers for Disease Control (CDC) announced that many fully vaccinated individuals no longer need to wear a face covering or physically distance, California finally updated its workplace safety...more
On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on...more