News & Analysis as of

Appeals Masks

Tucker Arensberg, P.C.

Third Circuit Upholds Preliminary Injunction in Government Employee First Amendment Masking Case

Tucker Arensberg, P.C. on

​​​​​​​On June 29, 2022, the United States Court of Appeals for the Third Circuit upheld the preliminary injunction of the United States District Court rescinding discipline placed on Port Authority employees who wore “Black...more

DirectEmployers Association

OFCCP Week In Review: March 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Franczek P.C.

Appellate Court Rules on COVID-19 Mitigation TRO

Franczek P.C. on

Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With...more

Harris Beach PLLC

Mask Mandate; Nassau County Court Decision; Where Are We?

Harris Beach PLLC on

UPDATED January 27, 2022 We have learned from the New York State Attorney General’s office that the decision regarding whether or not the current stay will remain in place pending the decision on the appeal of the Nassau...more

Nutter McClennen & Fish LLP

Sixth Circuit Court of Appeals Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the nationwide stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”) that...more

Whitman Legal Solutions, LLC

Back to the Beginning -- 6th Circuit Lifts Stay on OSHA Vaccination Mandate

Just over a month ago, in “Vexations and Uncertainty in Workplace COVID-19 Vaccine Mandates, I discussed the ETS, which was effective on November 5, 2021.  I also discussed the United States Court of Appeals for the Fifth...more

Laner Muchin, Ltd.

Considerations for Large Employers Caught in the Middle of the OSHA ETS Litigation

Laner Muchin, Ltd. on

On November 5, 2021, the highly anticipated OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) was issued. One day later, November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily...more

Whitman Legal Solutions, LLC

“Vexations” and Uncertainty in Workplace COVID-19 Vaccine Mandates

Regardless of one’s politics or position on COVID-19 vaccine mandates, “Vexatious” is a word that also can be used to describe the situation with OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more

Schwabe, Williamson & Wyatt PC

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay...more

Tucker Arensberg, P.C.

Commonwealth Court Voids Health Department’s School Masking Order, But Appeal Keeps Mandate in Place

Tucker Arensberg, P.C. on

On November 10, 2021, the Pennsylvania Commonwealth Court struck down the Acting Secretary of the Department of Health’s Order Directing Face Coverings in School Entities (“Masking Order”) in Corman, et al. v. Acting...more

Smith Anderson

Preparing for OSHA’s COVID-19 Vaccine or Testing ETS for Large Employers

Smith Anderson on

On November 5, 2021, the federal Department of Labor’s Occupational Safety and Health Administration (OSHA) published its "COVID-19 Vaccination and Testing, Emergency Temporary Standard" (ETS) for employers with 100 or more...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

Dallas County Issues Emergency Order and FAQs on Indoor Masking as COVID-19 Legal Battle Evolves

On August 11, 2021, Dallas County Judge Clay Jenkins signed an emergency executive order, taking effect at 11:59 p.m. that same day, requiring “all child care centers and Pre-K through 12 Public Schools operating in Dallas...more

Bricker Graydon LLP

University vaccine mandate constitutionality: A review of the US Seventh Circuit’s IU decision

Bricker Graydon LLP on

In a succinct decision issued earlier this week, the United States Court of Appeals for the Seventh Circuit (including states Illinois, Indiana and Wisconsin) refused to issue an injunction pending the outcome of a...more

McDermott Will & Emery

In West Texas, the Jury Will Return for a Federal Patent Trial

McDermott Will & Emery on

In January, a second mandamus petition was unsuccessful in the US District Court for the Federal Circuit, notwithstanding its similarity to the first mandamus petition, which was successful. Thus, the stage was set for a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Inability to Wear Protective Equipment Made Employee Unqualified for Position

A number of employers have encountered resistance to mask wearing mandates put in place in response to the COVID-19 pandemic. In some cases, employees assert that they have a medical condition that prevents them from being...more

Fisher Phillips

October 2020: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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