News & Analysis as of

Judicial Review Occupational Safety and Health Administration

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

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...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

Foley & Lardner LLP

Happy Holidays!! New Compliance Deadlines under the OSHA ETS to Employers with 100 or More Employees

Foley & Lardner LLP on

Developments immediately before the holiday break have many employers scrambling as the OSHA ETS has seemingly come back to life. The Sixth Circuit, in a 2-1 decision by a 3-member panel, dissolved the temporary stay...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

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

Fifth Circuit Again Stays OSHA’s ETS...for Now

On November 12, 2021, a three-member panel of the United States Court of Appeals for the Fifth Circuit issued a sweeping order continuing its initial November 6, 2021, stay of the emergency temporary standard (ETS) that the...more

Proskauer - Law and the Workplace

Proskauer Delivers Webinar on Settling Employment Claims

On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas...more

Ruder Ware

EPA’s Risk Management Plan (RMP) Final Rule Delayed

Ruder Ware on

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more

McDermott Will & Emery

Affordable Care Act Whistleblower Complaint Procedures

McDermott Will & Emery on

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

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