On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more
1/21/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
Lack of Authority ,
OSHA ,
Vaccinations ,
Workplace Safety
On November 16, 2021, the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) was selected to hear the many legal disputes relating to OSHA’s recent Emergency Temporary Standard (“ETS”) that proliferated in...more
On November 4, 2021, Occupational Health and Safety Administration (“OSHA”) issued its highly anticipated Emergency Temporary Standard (the “ETS” or the “Mandate”) requiring U.S. employers with 100 or more employees to...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
New Rules ,
OSHA ,
Public Health Emergency ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden announced a sweeping action plan to address the ongoing COVID-19 pandemic in the United States, entitled The Path Out of the Pandemic. This plan is based on six pillars identified by the...more
With the reopening of large segments of the workplace and the emergence of the Delta variant, employers have grappled with difficult and often polarizing issues regarding how to implement COVID-19 vaccination protocols in the...more
The healthcare industry has finally received long-awaited guidance from the Occupational Safety and Health Administration (“OSHA”) regarding COVID-19 protection standards. On June 10, 2021, OSHA issued an Emergency Temporary...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 Technical Assistance Questions and Answers (“Q&A”) page to add significant additional information regarding the range of options...more
On May 13, 2021, the Centers for Disease Control and Prevention issued updated guidance stating that fully vaccinated people no longer need to wear a mask or physically distance, including if indoors. Fully vaccinated...more
Georgia’s film and television industry is poised to return to work. On April 27, 2020, Governor Brian Kemp issued an Executive Order, which cleared the way for most Georgia businesses to re-open following a four-week...more
As states across the country are easing stay-at-home restrictions imposed because of COVID-19 and the economy is beginning to reopen, many businesses are looking to bring their employees back to the workplace. While some...more
“Should I stay or should I go now? If I go there will be trouble. If I stay it will be double.” The Clash, 1982. Business owners, especially retailers, are asking themselves this question seemingly only moments after they...more
On April 23, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) published new guidance permitting employers to test employees for COVID-19 before allowing them to enter the workplace. Under the Americans with...more
Employers operating essential businesses are increasingly facing situations where their employees may have been exposed to the COVID-19 virus. Typically, employers have responded to incidents of exposure by sending employees...more
Updated: March 18, 2020
Since we issued an Alert on Monday, much has already changed with respect to the U.S. House of Representatives’ new Families First Coronavirus Response Act, H.R. 6201 (the “Act”). As a recap, in the...more
On Wednesday, March 11, 2020, The World Health Organization (WHO) declared the COVID-19 (“coronavirus”) outbreak a “pandemic,” intensifying concerns among employers who have already been grappling with the difficult issues...more