It may seem like a lifetime ago, but employers may recall that in late 2021, the federal Occupational Safety and Health Administration (OSHA) withdrew its health care emergency temporary standard (ETS) for COVID-19,...more
The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more
The Occupational Safety and Health Act (OSHA) established a dual enforcement structure for inspections and citations for workplace safety issues. Either federal OSHA enforces the law, or states have the option of electing to...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
Supreme Court Justice Stephen Breyer has notified President Joe Biden of his intention to retire at the end of the Court’s current term. Interestingly, Justice Breyer indicated that his retirement would perhaps be conditioned...more
Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022,...more
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
The federal Occupational Safety and Health Administration published notice of its withdrawal of its COVID-19 emergency temporary standard (ETS) applicable to companies with 100 or more employees. The U.S. Supreme Court...more
Effective January 26, 2022, the Occupational Safety and Health Administration (OSHA) has withdrawn its Emergency Temporary Standard (ETS) that would have required employers with 100 or more employees to ensure that their...more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January 26, 2022, the U.S. Occupational Safety and Health Administration (OSHA) published a notice that it had formally withdrawn the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that...more
On Jan. 25, the federal Occupational Safety and Health Administration (OSHA) responded to the Supreme Court’s recent stay of its Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing by releasing a rule...more
The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022, the United States Supreme...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
On January 13, 2022, the United States Supreme Court stayed the vaccine-or-test mandate issued by the Occupational Safety and Health Administration (“OSHA”) for private sector employers with 100 or more employees. This...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 January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA)...more
Yesterday the Supreme Court stayed the Occupational Health and Safety Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS), resolving months of legal uncertainty over its fate. In blocking the...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
Today, the U.S. Supreme Court issued a stay of the November 4, 2021 Emergency Temporary Standard (“ETS”) developed by the Occupational Safety and Health Administration (“OSHA”). OSHA’s ETS had provided, among other...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