| Federal OSHA Emergency Temporary Standard (“ETS”) |
Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements.
HR Law Watch Links:
6th Circuit Wins OSHA ETS Lottery
NLRB Outlines Employers’ Duty to Bargain Over Implementation of OSHA ETS
Federal Vaccine Mandates Maze Can Trap Unwary Employer
OSHA Unveils Vaccination or Testing Rule for Large, Private Employers
Summary of OSHA ETS
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Stayed by Supreme Court on January 13, 2022. See National Federation of Independent Business, et al. v. Department of Labor, Occupational Safety and Health Administration, et al., No. 21A244, 21A247, (January 13, 2022). |
| Centers for Medicare & Medicaid Services (“CMS”) Requirements |
Requires vaccinations for healthcare workers.
HR Law Watch Links:
Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted
Federal Vaccine Mandates Maze Can Trap Unwary Employer
Centers for Medicare & Medicaid Services Announce that Healthcare Staff Must Be Vaccinated by January 4
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Enjoined in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, Ohio, Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire as of December 15, 2021. See Missouri, et al. v. Biden, et al., Docket No. 4:21-cv-01329-MTS (U.S. Dist. Ct. E.D. Mo., Nov. 29, 2021); Louisiana, et al. v. Becerra, et al. Docket No. 21-30734 (5th Cir. Dec. 15, 2021).
Enjoined in Texas as of December 15, 2021. See State of Texas et al. v. Becerra et al., No. 2:21-cv-00229 (N.D. Tex. December 15, 2021).
CMS will begin enforcement in the 25 other states the rule is not enjoined on January 27, 2022. See CMS Update.
All injunctions lifted by Supreme Court on January 13, 2022. See Biden et al. v. Missouri, et al., No. 21A240, 21A241. (January 13, 2022). Enforcement will go into effect in all states on January 27, 2022.
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| Federal Contractor Executive Order |
Requires vaccination for some employees of federal contractors.
HR Law Watch Links:
Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted
Federal Contractor COVID-19 Vaccine Mandate Deadline Extended
Federal Vaccine Mandates Maze Can Trap Unwary Employer
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Enjoined nationwide as of December 7, 2021. See Georgia, et al. v. Biden et al., Docket No. 1:21-cv-163 (U.S. Dist. Ct., S.D. GA, Dec. 7, 2021).
Injunction upheld by 11th Circuit on December 17, 2021. See Georgia, et al. v. Biden, et al., No. 21-14269 (11th Cir., December 17, 2021).
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