Today the Supreme Court ordered that OSHA’s ETS be placed back on hold (a/k/a a “stay”) and sent back to the 6th Circuit Court of Appeals. In its order, the Court‘s majority noted the ETS may have gone too far because it...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court has announced that it will hear oral arguments on both the OSHA ETS vaccine mandate and the CMS vaccine mandate on January 7, 2022.
On December 17, 2021, we shared with you that the Fifth Circuit...more
This week I was talking to Bob, a local HR professional (you know who you are), and he asked, “So Sara, what are the chances we are going to get a ruling on this OSHA mandate before the holidays?” to which I replied, “Highly...more
CMS Mandate: At the beginning of December we informed you that a Federal Court in Louisiana issued a nationwide stay on enforcement of the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate. During...more
On Tuesday, December 7, a federal court in Georgia issued an order staying the vaccine mandate for federal contractors (“Mandate”). The Court ordered that the Defendants, which includes President Biden...more
On November 16, 2021, a panel on multidistrict litigation announced that a panel of three judges from the U.S. Court of Appeals for the Sixth Circuit will hear the OSHA ETS litigation. All petitions that have been filed will...more
On November 6, 2021, the Fifth Circuit Court of Appeals temporarily halted OSHA’s latest ETS by issuing an order staying the ETS until the court can conduct a full review. BST Holdings v. OSHA (5th Cir 11/06/2021). The order...more
OSHA’s Emergency Temporary Standard (ETS) is here! The ETS and related guidance can be found on its website. By December 5, 2021, employers must implement a vaccine policy in compliance with the ETS (choices are a hard...more
On Thursday, September 9, 2021, President Biden announced his new COVID-19 plan entitled “Path out of the Pandemic” (Plan). While this Plan includes several provisions, this e-alert highlights a few of those of most interest...more
In follow up to our last post regarding CDC’s mask guidance, note that today OSHA updated its website to state the following...more
Unless you have been in a cave, you are aware that on May 13, 2021, the Centers for Disease Control and Prevention (CDC) announced that individuals who have been fully vaccinated for COVID-19 no longer need to wear a face...more
Last night, after his primetime address, Governor Evers issued Executive Order #94 which advises residents to stay home, take precautions if they have to leave their home, and encourages businesses to take additional steps to...more
Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many...more
9/30/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Wage ,
OSHA ,
Over-Time ,
Proposed Rules ,
Wage and Hour
You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
NLRA ,
Off-Duty Employees ,
OSHA ,
Protected Concerted Activity ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Workplace Safety
Should you ban nonessential business travel? Can you prevent an employee from taking that cruise? What if an employee refuses to go home when she is sick? Here are some answers to those questions and more!...more
3/13/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
International Travel ,
OSHA ,
Public Health ,
Traveling Employee ,
Workplace Safety