News & Analysis as of

Constitutional Challenges Workplace Safety Administrative Authority

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

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

Miles & Stockbridge P.C.

SCOTUS Axes Biden’s Vaccine or Testing Mandate for Large Employers

After hearing oral argument on January 7, 2022, on January 14, 2022, the Supreme Court issued a ruling staying the Biden administration’s vaccine or testing mandate for large employers. As many doubtless know, on...more

Smith Anderson

The Supreme Court Upholds CMS Vaccine Mandate For Healthcare Workers, Not OSHA Mandate For Large Employers

Smith Anderson on

A pair of rulings issued by the United States Supreme Court on January 13, 2022 provided employers with some clarity on vaccine mandates pushed by the Biden Administration. One ruling blocked the Vaccination or Test Emergency...more

Eversheds Sutherland (US) LLP

United States Supreme Court blocks enforcement of OSHA’s vaccine or test mandate for employers

On September 9, 2021, President Biden announced a plan “to require more Americans to be vaccinated.” As part of that plan, President Biden instructed the Department of Labor to issue an emergency rule mandating that employers...more

Holland & Knight LLP

U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate

Holland & Knight LLP on

The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more

Woods Rogers

Supreme Court Issues Two Important Decisions On COVID-19 Vaccination And Testing

Woods Rogers on

Today, the United States Supreme Court decided to block the OSHA Emergency Temporary Standard (“ETS”) requiring that employers with 100 or more employees ensure that their employees are vaccinated or tested weekly for...more

Nutter McClennen & Fish LLP

U.S. Supreme Court Blocks OSHA ETS

Today, the U.S. Supreme Court issued a stay of the November 4, 2021 Emergency Temporary Standard (“ETS”) developed by the Occupational Safety and Health Administration (“OSHA”). OSHA’s ETS had provided, among other...more

Harris Beach Murtha PLLC

Supreme Court Blocks Enforcement of OSHA Vaccine-or-Testing Mandate

On January 13, 2022, the United States Supreme Court issued its highly anticipated decision blocking the Biden administration from enforcing an Occupational Safety and Health Administration (“OSHA”) rule mandating...more

Bricker Graydon LLP

U.S. Supreme Court halts OSHA vaccine-or-test rule; Upholds CMS vaccine mandate

Bricker Graydon LLP on

A divided Supreme Court delivered two highly-anticipated decisions on January 13, 2022, announcing whether the federal Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS)...more

Benesch

Supreme Court Reinstitutes Stay of OSHA Vax-or-Test ETS in a 6-3 Decision; lets stand the nationwide health care facility COVID-19...

Benesch on

Key Takeaways of the Court’s Rulings: OSHA cannot enforce its vax-or-test ETS covering all employers with 100 or more employees, and employers have no obligations under it. However, the CMS mandate affecting certain health...more

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

SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue

On December 7, 2021, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary...more

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

Supreme Court Stays OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded...more

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