#WorkforceWednesday: OSHA’s Vaccine ETS Is Here, Circuit Court Blocks ETS, Health Worker Vaccine Rules - Employment Law This Week®
The Friday and Monday Leave Act or the Family and Medical Leave Act: FMLA, Part 1
I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
The California Legislature is poised to make it even more difficult for hospitality and business service providers to operate in California. Senate Bill (SB) No. 723 amends California Labor Code Section 2810.8, which provides...more
Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe...more
Beginning October 1, 2022, when a public health emergency is in place, businesses with 100 or more employees worldwide must provide up to 80 hours of paid Public Health Emergency Leave (PHEL) each calendar year to each...more
On March 28, 2019, New Jersey Governor Phil Murphy signed A-4134, the New Jersey Secure Choice Savings Program Act, also called the NJ Auto-IRA Act (the “Act”), “for the purpose of promoting greater retirement savings for...more
The Appellate Division upholds Governor Murphy’s Executive Order 283, one of the most recent COVID-19 mandates requiring full vaccination (without the alternative option for testing) for covered workers in healthcare and...more
Since we first explained the CMS vaccine mandate (the Interim Final Rule (IFR) from the Centers from Medicare & Medicaid Services (CMS) that requires COVID-19 vaccinations for all staff at covered facilities), the mandate has...more
On November 5, 2021, the Secretary of Health and Human Services issued an Interim Final Rule that amended the conditions of participation in Medicare and Medicaid to require certain providers and suppliers to ensure their...more
In late January, California Governor Gavin Newsom announced that he and the legislature had reached an agreement on a framework to revive COVID-19 supplemental paid sick leave (SPSL), which expired in September 2021....more
What You Should Know •Governor Murphy recently signed an Executive Order requiring healthcare providers and others working in New Jersey healthcare settings to be fully vaccinated against COVID-19 by specific dates...more
In a 5-4 decision, the U.S. Supreme Court has ruled in favor of the government, allowing the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine mandate to continue. Biden, et al. v. Missouri, et al., No....more
Two justices flip to the other side. The Supreme Court voted 5-4 today to stay two injunctions that were keeping a vaccine mandate issued by the Centers for Medicare & Medicaid Services from taking effect in 25 states...more
On January 7, 2022, the Illinois Department of Labor (IDOL) filed peremptory rules adopting the U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more
On December 27, the Occupational Safety and Health Administration issued a statement announcing the withdrawal of the non-recordkeeping portions of its health care emergency temporary standard (ETS). OSHA originally announced...more
What You Should Know- •On December 17, 2021, a divided three judge panel of the U.S. Court of Appeals for the Sixth Circuit reinstated OSHA’s Emergency Temporary Standard (ETS) requiring employers with 100 or more...more
Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more
Let's start off 2022 with a bang! On Friday, January 7, the U.S. Supreme Court will hear arguments on two of the Biden Administration's COVID-19 vaccination mandates -- the Emergency Temporary Standard issued by the...more
No later than December 27, 2021, all workers in New York City must provide proof to their employers that they have received at least one dose of a COVID-19 vaccine, under an order recently issued by the commissioner of the...more
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
In the latest twist in the ongoing back and forth on workplace COVID-19 measures, the 6th Circuit Court of Appeals on Friday gave the Occupational Safety and Health Administration (“OSHA”) the go-ahead to implement and...more
Decisions over the past few days on Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate litigation we previously reported [BB1] earlier this month may cause more confusion. The CMS vaccination rule,...more
On December 13, 2021, New York City’s Commissioner of the New York City Department of Health and Mental Hygiene (DOHMH), Dr. Dave A. Chokshi, published an order (the Order) requiring private employers to impose COVID-19...more
The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more
Despite a recent court ruling covering three states, most federal government contractors still must comply with the COVID-19 vaccine mandate ("Contractor Vaccine Mandate") included in President Biden’s Executive Order 14042,...more
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
In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more