Occupational Safety and Health Administration (OSHA) has partially reopened the record on the rulemaking for the permanent healthcare COVID-19 standard, known as the rule on “Occupational Exposure to COVID-19 in Healthcare...more
3/30/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Healthcare Workers ,
Nurses ,
Occupational Exposure ,
OSHA ,
Personal Protective Equipment ,
Recordkeeping Requirements ,
Reporting Requirements ,
Vaccinations ,
Workplace Safety ,
Writ of Mandamus
In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level.
...more
2/23/2022
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Construction Workers ,
Coronavirus/COVID-19 ,
Data Privacy ,
Diversity and Inclusion Standards (D&I) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Healthcare Workers ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Pay Transparency ,
Religious Accommodation ,
Remote Working ,
Technology Sector ,
Vaccinations ,
Wage and Hour ,
WARN Act ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees...more
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
The Court described the standard as a “blunt...more
1/14/2022
/ Americans with Disabilities Act (ADA) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Title VII ,
Vaccinations ,
Virus Testing
The U.S. Supreme Court heard oral arguments Friday in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay,...more
With the January 7, 2022, oral argument over the Occupational Safety and Health Administration (OSHA) Vaccine or Test Emergency Temporary Standard (ETS) in the U.S. Supreme Court fast-approaching, many amici curiae...more
More than six months after the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard for healthcare employers (Healthcare ETS), OSHA announced its intentions to propose an infectious...more
The U.S. Supreme Court has scheduled expedited arguments on the U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency...more
As workplaces are reimagined, employers and operators of coworking spaces need to consider how to operate safely in the age of the COVID-19 pandemic.
Coworking spaces have become an intriguing work alternative for remote...more
12/23/2021
/ Contact Tracing ,
Coronavirus/COVID-19 ,
Independent Contractors ,
OSHA ,
Remote Working ,
Sanitation ,
Social Distancing ,
Vaccinations ,
Ventilation Systems ,
Virus Testing ,
Workplace Safety
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for...more
If President Joe Biden’s Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) vaccine or testing mandate for employers goes forward, nearly half the states have the option of going their...more
In what is getting to be habit in the OSHA ETS litigation with courts issuing orders late Friday afternoons, the Sixth Circuit on December 3, 2021 tersely denied a petition to transfer the case back to the Fifth Circuit. In...more
As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion requesting that the 6th Circuit transfer all of the consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better...more
Multiple groups of petitioners in the newly consolidated litigation and renamed challenge to the OSHA ETS, now known as the “OSHA Covid Rule Case,” Docket No, 21-7000, MCP No. 165 (6th Cir.) have asked the court to hear the...more
Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in...more
The U.S. Court of Appeals for the Sixth Circuit has won the much-anticipated Multi-District Litigation lottery and will get to decide the merits of the challenges to the Occupational Safety and Health Administration’s (OSHA)...more
In a 22-page order issued November 12, 2021, the Fifth Circuit reaffirmed its initial stay of OSHA’s vaccine Emergency Temporary Standard (ETS). The 5th Circuit stated that petitioners are likely to succeed on the merits,...more
One day after the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) titled “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (Mandate) (see 86 Fed. Reg.,...more
Less than two months after receiving direction from President Joe Biden, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) covering employers with at least 100...more
11/4/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Employees ,
Food and Drug Administration (FDA) ,
Joe Biden ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Reporting Requirements ,
Retaliation ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies
Many states have Occupational Safety and Health Administration (OSHA)-approved workplace safety and health programs (OSHA State Plans) and enjoy enforcement autonomy over workplace safety and health in those states,...more