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
A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement...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
Yesterday, the Equal Employment Opportunity Commission (EEOC) added more FAQs to its COVID guidance to what is becoming a very long list that started months ago. The EEOC highlights the additional religious exemption guidance...more
The Magic Language:
The Federal Acquisition Regulation Council (FAR Council) was charged with drafting contractual language to require compliance with the guidance from the SAFER Task Force (Guidance)...more
On Friday, September 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Guidance) as directed by President Biden in an...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
Today the EEOC updated its FAQ at Section K regarding vaccination requirements in the workplace. It also issued guidance for employees and job applicants entitled “Federal Laws Protect You Against Employment Discrimination...more
5/28/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
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
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
Beginning on Friday, July, 24, 2020 at 11:59 p.m., face coverings must be worn in Minnesota by all persons at indoor businesses, indoor public settings, and by workers outside when social distancing practices cannot be...more
7/24/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Social Distancing ,
Workplace Safety
On June 17, the EEOC updated its COVID-19 Guidance to clarify that unlike COVID-19 testing, an anti-body test would be a prohibited medical examination. The FAQ (at A.7) states as follows:
Question: The CDC said in its...more
Late last week, the Wisconsin Safety Council released a brochure for Wisconsin employers to consider as they prepare to reopen...more
Previously we reported on the EEOC’s post entitled “ What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”...more
In a followup to yesterday’s e-alert about the COVID-19 virus, please note the CDC has updated its travel advisory as follows...more
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