#WorkforceWednesday: SCOTUS Decides on Vaccine Rules, Companies Can Still Require Vaccination, Restrictive Covenants in CO - Employment Law This Week®
Employment Law Now VI-110 - End of the OSHA ETS? Supreme Court Re-Issues A Stay
KT Sound Bytes Episode 1 | The Effects of the Supreme Court Decision in Liu v. SEC
Ohio AG Dave Yost and Kansas AG Kris Kobach have completed briefing on their emergency application with the U.S. Supreme Court to stay the EPA’s “Reconsideration of the National Ambient Air Quality Standards for Particulate...more
One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen...more
As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers...more
Splitting along predictable philosophical lines, the Supreme Court held last week in Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded its statutory authority by issuing a rule...more
To the surprise of no one connected with the case, or who just listened to the oral argument, the Supreme Court, in a per curiam opinion (i.e., unanimously), decided the case of Trump v. Anderson, holding that states have no...more
The U.S. Supreme Court ruled in U.S. ex rel. Polansky that the federal government has the authority to dismiss a False Claims Act (FCA) suit at any stage of litigation, even over a relator's objections, so long as the...more
On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss...more
In a 6-3 opinion, the high court struck a major blow to the United States Environmental Protection Agency (the EPA), ruling the EPA cannot provide states with the right to issue regulations reducing the amount of carbon...more
The United States Supreme Court recently agreed to hear a case interpreting the False Claims Act (“FCA”) that may affect the government’s involvement in pending and future matters. To resolve a circuit split, the Court will...more
Wednesday, the United States Supreme Court handed down a highly anticipated, unanimous opinion, AHA v. Becerra, confirming that CMS exceeded its statutory authority when it implemented a discriminatory reimbursement structure...more
The U.S. Supreme Court has issued two opinions on COVID regulations impacting employers and workers across the country. In the first, the Court stayed the Occupational Safety and Health Administration’s (“OSHA”) “vaccine or...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
OSHA’s Emergency Temporary Standard - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring most employers with 100 or more employees to either...more
The Supreme Court of the United States in a per curiam opinion on Jan. 13 ruled that the Secretary of HHS (United States Department of Health and Human Services) did not exceed his statutory authority in requiring that, in...more
Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more
The Occupational Safety and Health Administration (OSHA) formally withdrew the COVID-19 vaccine mandate for large private employers effective Jan. 26, 2022. This announcement follows the United States Supreme Court’s recent...more
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or...more
On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more
Recently, the U.S. Supreme Court blocked the OSHA Emergency Temporary Standard (“ETS”) that would have required all employers with 100+ employees to mandate vaccination or testing, while allowing the Department of Health and...more
The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates. OSHA withdraws OSHA Emergency Temporary Standard (ETS) - On January 13, 2022, the Administration’s...more
On January 25, 2022, OSHA announced its decision to withdraw the vaccination, testing and face covering emergency temporary standard (ETS) issued on November 5 and effective January 26. As Manatt reported, the ETS required...more
On January 26, 2022, the federal Occupational Safety and Health Administration (OSHA) withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which required large employers to ensure that their...more
The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision...more
Following the Supreme Court’s ruling earlier this month, the Occupational Safety and Health Administration (“OSHA”) is withdrawing the vaccination and testing emergency temporary standard (“ETS”). The withdrawal is effective...more
Effective January 26, 2022, OSHA withdrew its enforcement of its COVID-19 Emergency Temporary Standard (ETS), which would have required many employers to mandate vaccination or regular testing for employees. As we have...more