News & Analysis as of

Temporary Regulations Appeals

Parker Poe Adams & Bernstein LLP

Federal Judge Puts Vaccine Mandate for Federal Employees on Hold

A federal district court judge in Texas issued a nationwide injunction blocking implementation of the White House’s COVID-19 vaccination mandate for federal employees. The judge relied on the U.S. Supreme Court’s recent...more

Nutter McClennen & Fish LLP

Sixth Circuit Court of Appeals Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the nationwide stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”) that...more

Smith Anderson

The OSHA Vaccine Mandate is Back On...Stay Tuned

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On Friday, December 17, 2021, the United States Court of Appeals for the Sixth Circuit breathed new life into the Biden Administration’s COVID-19 vaccine mandate for employers with 100 or more employees. The 6th Circuit’s...more

Dorsey & Whitney LLP

Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule, Putting ETS Requirements Back in Effect

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On December 17, 2021, a three-judge panel for the Sixth Circuit Court of Appeals (with one judge dissenting) lifted the nationwide temporary stay of the Occupational Health and Safety Administration’s (OSHA) Emergency...more

BCLP

COVID-19: 6th Circuit Lifts Stay Of OSHA ETS; OSHA Sets New Deadline For Compliance

BCLP on

Development: On Friday, December 17, 2021, a three-judge panel of the 6th Circuit Court of Appeals lifted the stay that had been placed on the OSHA “Emergency Temporary Standard” (ETS) for larger private employers regarding...more

Obermayer Rebmann Maxwell & Hippel LLP

The Sixth Circuit Gives New Life to the Vaccine Mandate - Next Up, the Supreme Court

As HR Legalist previously reported, earlier this year, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS), mandating that employers with at least 100 employees require all...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

Laner Muchin, Ltd.

DOL Announces that Large Employers Must Comply with OSHA Vaccine ETS by January 10, 2022

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Late on Friday, December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals ruled 2-1 to lift the stay imposed by the Fifth Circuit Court of Appeals on November 6, 2021 on the OSHA COVID-19 Vaccination and...more

Miller Canfield

Sixth Circuit Lifts Stay on OSHA's ETS Requiring COVID-19 Vaccination or Testing; OSHA Issues New Compliance Deadlines

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On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more

Parker Poe Adams & Bernstein LLP

Federal Vaccinate-or-Test Requirement Now Scheduled to Impact Many Workplaces in Three Weeks

The federal government’s vaccinate-or-test-and-mask policy impacting many private workplaces is no longer on hold. On November 4, the Occupational Safety and Health Administration issued its emergency temporary standard (ETS)...more

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

Sixth Circuit Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard and OSHA Issues New Compliance Deadlines

On December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals dissolved the stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more

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

Breaking News on the CMS Vaccination Rule: Less Than 24 Hours After Being Shelved in 10 States, the Rule Is Sidelined Nationwide

In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Dorsey & Whitney LLP

Limited Preliminary Injunction Issued for CMS Vaccine Mandate

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On November 29, 2021, a federal court in Missouri enjoined the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in the following states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire,...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

Whitman Legal Solutions, LLC

“Vexations” and Uncertainty in Workplace COVID-19 Vaccine Mandates

Regardless of one’s politics or position on COVID-19 vaccine mandates, “Vexatious” is a word that also can be used to describe the situation with OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more

Dorsey & Whitney LLP

What’s Next for OSHA’s COVID-19 Emergency Temporary Standard?

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On November 12, 2021, the Fifth Circuit Court of Appeals reaffirmed its stay pending judicial review of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary...more

Schwabe, Williamson & Wyatt PC

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay...more

Parker Poe Adams & Bernstein LLP

OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more

Bricker Graydon LLP

OSHA stays implementation of vaccine mandate, pending Sixth Circuit review of the legal challenges

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As we have previously reported, the recently announced Occupational Safety and Health Administration (OSHA) vaccine mandate, issued as an Emergency Temporary Standard (ETS), has been challenged in multiple suits filed around...more

Obermayer Rebmann Maxwell & Hippel LLP

Luck Of The Draw: The Fate Of OSHA’s Vaccine Mandate Now Is In The Hands Of The Sixth Circuit

As HR Legalist reported, the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) regarding vaccination requirements is in purgatory. While the United States Court of Appeals for the Fifth...more

Holland & Knight LLP

Fifth Circuit Extends Stay of OSHA's Emergency Temporary Standard on COVID-19 Vaccination

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OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees firmwide or companywide. The ETS requires, with certain...more

Miller Canfield

Appellate Court Halts OSHA’s Emergency Temporary Standard Requiring Mandatory COVID-19 Vaccination or Testing

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Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more

Bricker Graydon LLP

OSHA’s vaccine or test mandate is stayed

Bricker Graydon LLP on

On November 12, 2021, the U.S. Fifth Circuit Court of Appeals issued an order reaffirming its initial stay of the vaccination/testing Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health...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

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