News & Analysis as of September 20, 2024

Occupational Safety and Health Administration › Preemption

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Sunshine State Update: New Florida Law Forbids Local Employment Regulation in Three Areas

BakerHostetler on 7/26/2024

House Bill 433 – effective July 1, 2024 – strips local Florida governments of their power to regulate employers in three important areas. First, the new law preempts local governments from creating heat exposure regulations. ...more

OSH Law Primer, Part III: The Duty to Comply With Standards

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/6/2024

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence...more

The Top 14 Workplace Law Stories from July 2022

Fisher Phillips on 8/4/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on 8/2/2022

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate

Holland & Knight LLP on 1/14/2022

The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more

Supreme Court Hears Oral Argument on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard and CMS Vaccine Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2022

On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more

A Dizzying Map of Federal Vaccination Mandates, Injunctions and Stays

Holland & Knight LLP on 12/23/2021

Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more

OSHA’s New Rule on Mandatory COVID-19 Vaccination Is Back in Force (For Now)

Womble Bond Dickinson on 12/23/2021

In the ongoing legal battle over the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”), a federal appeals court has given OSHA authority - for now -...more

The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

Winstead PC on 12/15/2021

The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. ...more

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

Jackson Lewis P.C. on 12/14/2021

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

10 Developments That Shaped Employment Law In 2021

Proskauer Rose LLP on 12/8/2021

2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to...more

Utah Enacts Law Related to COVID-19 Vaccination and Testing Requirements in the Workplace

Littler on 11/29/2021

On November 16, 2021, Governor Spencer J. Cox signed SB2004 into law, placing limitations and additional obligations on Utah employers that have implemented vaccine or testing requirements on employees....more

New Kansas Law Creates Uncertainty and Risk for Employers Complying with Federal COVID-19 Vaccination Requirements

Stinson LLP on 11/29/2021

On November 23, 2021, Kansas Governor Laura Kelly signed House Bill 2001, following a special session called by the Kansas legislature. This new law presents potential conflicts with federal vaccine requirements for federal...more

Additional Pushback from Certain States on Governmental and Private Employer Vaccine Mandates

Littler on 11/23/2021

Certain states are continuing to prohibit or severely curb the ability of private employers to mandate that employees be vaccinated against COVID-19. In just 10 days since our most recent update, several additional states...more

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

Lowndes on 11/22/2021

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Understanding the Current Status of Multiple ETSs – Both Federal and California

Littler on 11/22/2021

It has been a difficult couple of months for California employers seeking to navigate planning for possible changes to their workplace safety plans, in view of multiple new sources of potential obligations. ...more

Day 2: Application of Florida’s Vaccine Mandate Law

Littler on 11/22/2021

As we relayed in our prior ASAP, Governor DeSantis signed HB-1B into law on November 18, potentially affecting all Florida employers and certainly causing many to reconsider any policies already adopted relating in any way to...more

Florida Legislation Restricting Workplace Vaccine Mandates — What Florida Employers Need to Know

Quarles & Brady LLP on 11/22/2021

Following a special legislative session requested by the Governor to address COVID-19 related matters, on November 18, 2021, Governor Ron DeSantis signed legislation aimed at dismantling COVID-19 vaccine mandates imposed by...more

COVID Confusion: New Florida Law Imposes Additional Exemption Requirements on Employers with Mandatory Vaccination Policies

Bailey & Glasser, LLP on 11/19/2021

On November 18, 2021, Florida passed a new law during a special legislative session that bans private employers in the state from implementing mandatory vaccination policies for their workforce unless they provide...more

New Florida Laws Restrict Workplace Vaccine Mandates and Begin State OSH Plan Process

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/19/2021

On November 18, 2021, Governor Ron DeSantis signed into law measures that immediately prohibit workplace COVID-19 vaccine mandates for private and public employers and begin the process for Florida establishing a state...more

10 Employer Obligations Required by OSHA’s COVID-19 Vaccine-or-Test Mandate

Latham & Watkins LLP on 11/17/2021

Employers with 100 or more employees may wish to begin preparing for the emergency temporary standard’s imminent deadlines, despite pending legal challenges. ...more

Florida Special Session to Address COVID-19 Vaccine Mandates and State OSH Plan

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/15/2021

On November 15, 2021, the Florida Legislature will convene a five-day special session under the proclamation issued on October 29, 2021, by Governor Ron DeSantis for the “Keep Florida Free” joint legislative agenda. With...more

[Webinar] Vexed by the Vax: Understanding the Current State of Vaccine Science and Vaccine Laws - November 17th, 12:00 pm - 1:00...

Manatt, Phelps & Phillips, LLP on 11/10/2021

As the number of discussions on returning to the office in a post-pandemic world increases, so does the number of questions about vaccine expectations. On November 4th, OSHA released the much anticipated Emergency Temporary...more

CMS Releases COVID-19 Health Facility and Staff Vaccination Rule

Holland & Knight LLP on 11/9/2021

The Centers for Medicare & Medicaid Services (CMS) on Nov. 4, 2021, issued a long-anticipated Interim Final Rule with comment (IFC) requiring COVID-19 vaccination for most healthcare workers at certain healthcare facilities...more

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on 11/9/2021

On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more

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Occupational Safety and Health Administration › Preemption

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