News & Analysis as of

Administrative Procedure Act Workplace Safety

Littler

OSHA in the Post-Chevron Era: What’s Next for the Agency?

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On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, overturned its four-decade long Chevron doctrine announced by the Court in its landmark decision of Chevron U.S.A. Inc....more

Conn Maciel Carey LLP

Everything You Need to Know About OSHA’s New Worker Walkaround Representative Designation Process Rule

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Like a bad April Fool’s joke, to advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

FordHarrison

The CMS Rule Addressing COVID-19 Vaccination Requirements for Healthcare Workers

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On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (the “CMS Rule”) that applies to most healthcare entities that participate in Medicare and Medicaid programs. Subject to a...more

Womble Bond Dickinson

The Biden Administration Expands Staff Vaccination Requirement to All Medicare & Medicaid Participating Providers/Suppliers.

Womble Bond Dickinson on

The Biden Administration, through the Centers for Medicare and Medicaid Services (“CMS”) and via Interim Final Rulemaking (“IFR”), has expanded vaccination requirements in many health care settings. Effective November 5,...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - April #4

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Pressure is increasing on the Biden Administration to release the delayed Emergency Temporary Standard (ETS) to protect workers from COVID-related risks. On April 26, Representatives Debbie Dingell (D-MI), Rashida Tlaib...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA’s ETS Under Scrutiny: California Judge Hears Oral Argument to Enjoin Enforcement

Following the implementation of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) on November 30, 2020, several employers and trade associations filed a...more

Payne & Fears

Cal/OSHA Passes Temporary COVID-19 Regulations: What You Need to Know

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On November 19, 2020, the California Occupational Safety and Health Standards Board (the “Board”) of the Division of Occupational Safety and Health (Cal/OSHA) adopted temporary COVID-19 regulations (“Regulations”) intended to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Foley & Lardner LLP

Michigan’s Executive Order 2020-147 Requires Masks in Indoor Public Spaces, Mandates Businesses To Refuse Service

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On Friday, July 10, 2020, Governor Gretchen Whitmer signed Executive Order 2020-147, requiring the wearing of protective face coverings in indoor places of public accommodation. 2020-147 additionally requires that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Unions Challenge MSHA’s New Workplace Exam Rule for Metal and Nonmetal Mines

On March 12, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service...more

Seyfarth Shaw LLP

Chevron Deference Under Attack At State Level

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Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state’s administrative procedure laws to remove “Chevron Deference,” so that for disputes involving state...more

Sherman & Howard L.L.C.

Breaking: D.C. Circuit Upholds Silica Standard

Sherman & Howard L.L.C. on

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard. ...more

Kelley Drye & Warren LLP

Employers Earn an Important Victory in “Union Walk-around” Lawsuit

On Friday, February 3, a federal judge in Texas denied (in part) a motion to dismiss a lawsuit challenging an OSHA Standard Interpretation Letter (known as the “Fairfax Memo”) that contains policies for safety walk-arounds. ...more

Perkins Coie

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

Perkins Coie on

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

Conn Maciel Carey LLP

OSHA’s Recordkeeping Anti-Retaliation Rule: Assault on Pizza Parties, Drug Tests and Exec Compensation

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OSHA’s recent Injury and Illness Recordkeeping reform has created quite a stir for employers. As we discussed in an earlier article about the new Recordkeeping rule, OSHA now requires employers to electronically submit to...more

Baker Donelson

OSHA Postpones Its New Workplace Injury and Illness Reporting Rule in the Face of Scrutiny and a New Lawsuit

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Over the past few months, we have published articles related to the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) publication of amendments related to its workplace injury and illness...more

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