News & Analysis as of

OSH Act Employer Mandates

Fisher Phillips

Should Employers Rescind Their Mask Mandates? A Pros and Cons List to Consider Before Dropping Your Pandemic Policies

Fisher Phillips on

As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more

McCarter & English, LLP

The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more

Wiley Rein LLP

Supreme Court Blocks OSHA Vax-or-Test ETS

Wiley Rein LLP on

What: On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which required businesses with at least 100 employees to ensure their...more

Jackson Lewis P.C.

SCOTUS Questioning Suggests OSHA ETS is Squeezing an Elephant into a Mousehole

Jackson Lewis P.C. on

The U.S. Supreme Court heard oral arguments Friday in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay,...more

ArentFox Schiff

Sixth Circuit Revives OSHA Vaccine/Testing Emergency Temporary Standard

ArentFox Schiff on

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more

Morgan Lewis

OSHA’s COVID-19 Emergency Temporary Standard Is Back – For Now

Morgan Lewis on

On December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational...more

Husch Blackwell LLP

Sixth Circuit Lifts ETS Stay - OSHA Delays Noncompliance Citations

Husch Blackwell LLP on

Employers are facing yet another twist in the ongoing saga of the vaccine mandates issued by the Biden Administration earlier this year. On Friday, December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s stay of...more

Wiley Rein LLP

Sixth Circuit Court of Appeals Reinstates OSHA ETS

Wiley Rein LLP on

WHAT: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Health and Safety Administration’s Emergency Temporary Standard (OSHA and the ETS) previously ordered...more

Jackson Lewis P.C.

Will Some State Plans Defy OSHA’s COVID-19 Vaccination, Testing Emergency Temporary Standard?

Jackson Lewis P.C. on

If President Joe Biden’s Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) vaccine or testing mandate for employers goes forward, nearly half the states have the option of going their...more

McAfee & Taft

Calculating the 100-employee threshold under the OSHA vaccination ETS

McAfee & Taft on

The Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) regarding COVID-19 vaccination, testing and facial coverings applies to “all employers with a total of 100 or more employees” during...more

Kaufman & Canoles

Employment Law Alert – OSHA Issues Long-Awaited Rule Requiring Mandatory “Vaccinate or Test Weekly” Rule for Companies with 100 or...

Kaufman & Canoles on

New Rule Issued - Yesterday, November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), requiring, except as noted below, all employers with 100 or more...more

DirectEmployers Association

OSHA Emergency Temporary Standard Mandating COVID-19 Vaccines or Testing/Masks Catches Federal Contractors in a Bind by Exempting...

On Thursday, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) published both its highly anticipated Emergency Temporary Standard (“ETS”: 86 FR 61402) as an “Interim Final Rule” implementing...more

DirectEmployers Association

OFCCP Week In Review: October 2021 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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