THIS WEEK’S DOSE - Uncharted Territory in the House: The House voted to remove Rep. McCarthy (R-CA) as Speaker of the House, then recessed until at least October 11, when the House is slated to reconvene to elect a new...more
The Occupational Safety and Health Administration (OSHA) remains focused on the pandemic in certain workplaces as indicated by its announcement of a new National Emphasis Program (NEP) related to COVID-19. Interestingly, the...more
On Wednesday, January 26, 2022, the U.S. Occupational Safety and Health Administration (OSHA) published a notice that it had formally withdrawn the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that...more
After hearing oral argument on January 7, 2022, on January 14, 2022, the Supreme Court issued a ruling staying the Biden administration’s vaccine or testing mandate for large employers. As many doubtless know, on...more
A pair of rulings issued by the United States Supreme Court on January 13, 2022 provided employers with some clarity on vaccine mandates pushed by the Biden Administration. One ruling blocked the Vaccination or Test Emergency...more
Key Takeaways - ..The Supreme Court stayed OSHA's Vaccination or Testing ETS, but state/local requirements may apply, employers may still have policies requiring COVID-19 vaccination or testing, and employers still have a...more
On September 9, 2021, President Biden announced a plan “to require more Americans to be vaccinated.” As part of that plan, President Biden instructed the Department of Labor to issue an emergency rule mandating that employers...more
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
On Thursday, January 13, 2022, the U.S. Supreme Court ruled 6-3 to reinstate the stay on the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that was previously lifted by the Court of Appeals for the...more
Today, the United States Supreme Court decided to block the OSHA Emergency Temporary Standard (“ETS”) requiring that employers with 100 or more employees ensure that their employees are vaccinated or tested weekly for...more
A divided Supreme Court delivered two highly-anticipated decisions on January 13, 2022, announcing whether the federal Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS)...more
Key Takeaways of the Court’s Rulings: OSHA cannot enforce its vax-or-test ETS covering all employers with 100 or more employees, and employers have no obligations under it. However, the CMS mandate affecting certain health...more
On December 7, 2021, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary...more
On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded...more
On January 13 in two highly anticipated decisions, the U.S. Supreme Court first reinstated an injunction blocking implementation of the Occupational Safety and Health Administration’s COVID-19 emergency temporary standard...more
In a 6-3 decision, the US Supreme Court voted to stay the vaccine-or-test regulation, ruling that the Biden administration’s vaccine-or-test requirements for large private companies exceeded their authority. Separately, the...more
National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more
The Supreme Court has announced that, on January 7, 2022, it will hear oral argument on challenges to two of the Biden administration’s significant rules regarding COVID-19 vaccination and testing in the workplace: OSHA’s...more
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
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
On December 3, 2021, the Florida Department of Legal Affairs of the state attorney general’s office issued an emergency rule establishing the procedure for private employer vaccination mandate complaints under section...more
Like the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) and the Centers for Medicare and Medicaid Services’ (CMS) healthcare rule, Executive Order (EO) 14042 (including its related...more
There are few topics as in flux and confusing for employers as the COVID-19 vaccine mandates. This article will summarize the current rights or obligations of private sector employers to require their employees to be fully...more
Despite a recent court ruling covering three states, most federal government contractors still must comply with the COVID-19 vaccine mandate ("Contractor Vaccine Mandate") included in President Biden’s Executive Order 14042,...more
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