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Employment Law Now V-106 - BREAKING OSHA ETS NEWS: Extending the Stay and Choosing a Lottery Winner
Gene Grabowski on Pharmaceutical & Medical Devices
With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters. On Friday, August 26, the 11th Circuit published a 66-page...more
After we published a post about the Eleventh Circuit’s decision to narrow the scope of the nationwide preliminary injunction of the government contractor vaccine mandate, the government announced that, for the time being, it...more
A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more
The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more
There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or...more
OSHA's Vaccination and Testing Emergency Temporary Standard (ETS) is back in effect following a ruling by the 6th Circuit Court of Appeals on Friday, December 17. At its core, the ETS requires private employers with 100 or...more
On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go...more
In the continuing saga of whether the Occupational Safety and Health Administration’s (OSHA) “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (ETS) is legal, the U.S. Supreme Court is set to weigh in on an...more
On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA's "Vaccine or Test" ETS by the Fifth Circuit. As we summarized in our previous alerts, the ETS was published on November 5,...more
In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the...more
On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been...more
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more
On December 17, 2021, a 2-1 ruling from a three-judge panel of the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s COVID-19 vaccination and testing Emergency Temporary...more
On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s...more
Due to the ongoing pandemic, federal contractors nationwide – and the attorneys who represent them – have been closely monitoring the government’s implementation of a vaccine mandate. The potential of an enforceable mandate...more
We recently provided updates on the complex and unsettled legal landscape surrounding the various federal vaccine mandates in an FAQ, “Vaccination Mandates: The Latest on OSHA’s Emergency Temporary Standard, Other Mandatory...more
Late on Friday, December 17, 2021, the Court of Appeals for the Sixth Circuit ended the Fifth Circuit’s stay of OSHA’s COVID-19 vaccination and testing Emergency Temporary Standard (ETS), which applies to employers with 100+...more
On Friday, December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that previously barred the Occupational Safety and Health Administration (“OSHA”) from enforcing its Emergency Temporary Standard (“ETS”),...more
On December 17, 2021, the Sixth Circuit Court of Appeals granted the Biden administration’s Motion to Dissolve the stay on the Occupational Safety and Health Administration’s (Fed/OSHA) COVID-19 Vaccination and Testing...more
After a wild weekend following some headline-grabbing court rulings, employers are heading into the holidays wondering what on earth is going on with workplace COVID-19 vaccine requirements. While clarity remains elusive, our...more
Late Friday, December 17, 2021, the 6th U.S. Circuit Court of Appeals granted the government’s motion to lift the stay on the OSHA COVID-19 mandate imposed by the Fifth Circuit on November 6, 2021....more
A divided panel of the United States Court of Appeals for the Sixth Circuit lifted the stay on the Occupational Safety and Health Association’s Emergency Temporary Standard (“OSHA ETS”) late Friday night (December 17, 2021)....more
On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more
On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. As we previously posted, the...more