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On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing. This action came...more
The legal landscape around COVID-19 policies and vaccine mandates in the workplace continues to shift under the feet of US employers. With the January 13 US Supreme Court ruling on the OSHA and CMS vaccine rules, and...more
On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision. Without the ETS, employers are not required to mandate vaccinations, but...more
What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more
Caption: On January 13, 2022, after hearing emergency oral arguments, the Supreme Court handed down decisions staying OSHA’s ETS and upholding the CMS Rule requiring healthcare workers to be fully vaccinated against...more
Ever since the Sixth Circuit dissolved the injunction to OSHA’s Emergency Temporary Standard (ETS), which mandates employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear...more
On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced. The Court allowed the...more
On Thursday, January 13, 2022, the Supreme Court issued its much-anticipated decisions on the Biden vaccine mandates. Specifically, two mandates were at issue: (1) the mandate that all employers with over 100 employees...more
As we have previously reported, the implementation status of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing seems to change weekly. Last week, the United States Supreme Court reinstated...more
On January 13, 2022, a divided Supreme Court stayed OSHA’s vaccine-or-test emergency temporary standard (ETS). Nat’l Federation of Independent Business v. Dep’t of Labor, OSHA , 595 U.S. ___ (2022). The matter came before the...more
We take a break from our regularly scheduled “2022 outlook” programming to bring you breaking news on the seesaw that is the enforcement of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing....more
On January 13, the US Supreme Court reinstated the stay of the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard mandating that employers with 100+ employees require COVID-19 vaccination...more
On January 13th, the Supreme Court issued a ruling on the Occupational Safety and Health Administration’s (OSHA) 100+ employee vaccine mandate. A majority of the Court found that the applicants challenging the rule were...more
The United States Supreme Court blocked the Biden administration‘s enforcement of a requirement that employees at large businesses be vaccinated against COVID-19 or undergo weekly testing and wear a mask...more
WHAT MATTERS - After more than two months of litigation, the Supreme Court stayed OSHA’s November 5, 2021 Emergency Temporary Standard requiring COVID-19 vaccination or weekly testing for employers with more than 100...more
On January 13, 2022, the Supreme Court issued two decisions regarding requests to enjoin rules issued by federal agencies intended to increase vaccination rates....more
In a 6-3 decision issued very soon after the January 7, 2022 oral argument last Friday, the U.S. Supreme Court yesterday reversed the U.S. Court of Appeals for the Sixth Circuit, and reinstated the stay of enforcement against...more
UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals...more
On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition...more
Jan. 19, 2022 - This article has been updated to reflect updated implementation dates in some states. On January 13, 2022, the Supreme Court issued dual decisions impacting the CMS (Centers for Medicare & Medicaid Services)...more
In an opinion stating that they believe that opponents of the OSHA ETS on Vaccinations and Testing will be successful in their challenge to that standard, the U.S. Supreme Court yesterday reinstated federal court stays that...more
In NFIB v. OSHA, the Court focused its decision on OSHA’s emergency temporary standards which require the Secretary to show (1) “that employees are exposed to grave danger from exposure to substances or agents determined to...more
The Supreme Court Thursday afternoon released its much-anticipated decisions regarding the Emergency Temporary Standard (ETS) issued late last year by the Occupational Safety and Health Administration (OSHA), and the...more
The wait is finally over. Yesterday, January 13, 2022, the Supreme Court of the United States (SCOTUS) rendered two much-anticipated opinions announcing whether federal regulations mandating workplace COVID-19 precautions...more
On Jan. 13, the U.S. Supreme Court issued rulings that impact two important aspects of the Biden Administration’s efforts to combat the COVID-19 pandemic. ...more