Supreme Court Blocks OSHA ETS Requiring Vaccination or Testing

Garrett Wozniak
Garrett Wozniak
01/13/2022
The Supreme Court today issued a stay blocking the Biden Administration’s COVID-19 vaccination or test rule for employers with 100 or more employees.  NFIB v. OSHA, Nos. 21A244 and 21A247 (Jan. 13, 2022).  The majority found that those challenging the  Emergency Temporary Standard ("ETS")  “are likely to succeed on the merits of their claim that the Secretary [of Labor] lacked authority to impose the mandate.” In its, 6-3 per curiam...
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OSHA Vax-or-Test Rule Reinstated

Eric Paltell
Eric Paltell
12/18/2021
Late yesterday, United States Court of Appeals for the Sixth Circuit dissolved a nationwide injunction against OSHA's emergency rule requiring  employers with at least 100 workers to mandate that their employees get vaccinated against Covid-19 or get tested regularly. This morning, the United States Department of Labor announced that employers have until January 10, 2022 to come into compliance with the rule, although it agreed to defer enforcing...
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EEOC Issues New Guidance on When COVID-19 Qualifies as a Disability

Vincent Jackson
Vincent Jackson
12/15/2021
On December 14, 2021, the Equal Employment Opportunity Commission issued updated guidance on when COVID-19 constitutes a disability under Title I of the ADA.  Under the ADA, a person can be an individual with a disability in one of three ways: “Actual” Disability:  a physical or mental impairment that substantially limits a major life activity (such as walking, talking, seeing, hearing, etc.); “Record of” a Disability: the person has a...
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Georgia Judge Issues Nationwide Injunction Halting Implementation of Federal Contractor Vaccine Mandate

Vincent Jackson
Vincent Jackson
12/08/2021
On December 7, 2021, a federal judge in Georgia issued a nationwide injunction blocking the implementation of the federal contractor vaccine mandate.  The halting of Executive Order 14042, which requires all contractors and subcontractors performing work on certain federal contracts to ensure that their employees are fully vaccinated against COVID-19, presents yet another twist in the legal fights over the vaccine mandate. While previous...
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Missouri Court is First To Block Healthcare Worker Vaccine Mandate Rule

Bernadette Hunton
Bernadette Hunton
11/30/2021
A federal court in Missouri has issued a preliminary injunction in a case brought by 10 states (Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire) challenging the Centers for Medicare and Medicaid Services’ interim rule issued on November 5, 2021.  The CMS rule requires certain healthcare workers at providers that participate in Medicare and Medicaid to be fully vaccinated against Covid-19,...
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What to Do When OSHA Comes Knocking

Jordan Dunham
Jordan Dunham
11/28/2021
In the effort to avoid writing yet another blog entry on COVID-19 related material, I am writing to inform our readers what they should do if an investigator from  the Occupational Safety and Health Administration (OSHA) appears on at a jobsite. As you likely know, OSHA recently released a rule mandating that employers of 100 or more employees require all employees to be vaccinated against COVID-19 or subject to weekly testing.  Our Randi Hyatt...
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OSHA Emergency Temporary Standard and Bargaining Obligation

Garrett Wozniak
Garrett Wozniak
11/11/2021
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).  Our summary of the ETS is available here.  On November 6, the Fifth Circuit Court of Appeals stayed the ETS pending further action.  Other challenges to the law have been filed in other federal appellate courts and other suits -- those saying that the ETS does not do enough --...
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Employee’s Pandemic-Related FMLA Claims Survive Dismissal

Garrett Wozniak
Garrett Wozniak
11/11/2021
At the risk of stating the obvious, employees and employers alike have faced challenges throughout the COVID-19 pandemic.  Many have approached these challenges with an open-mind, flexibility, compassion.  A recent decision from a federal court in Virginia provides a useful reminder of these principles in the context of a worker’s claim that his former employer interfered with his rights under the Family and Medical Leave Act...
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Service Animals In The COVID-Era Workplace

There are endless articles and blog posts about COVID and the workplace, whether managing remote workers, implementing a safe return to work, vaccination mandates, testing procedures, masking, reasonable accommodation requests on all of these issues, and all of the related issues that have been on the forefront for the past nineteen (!!) months.  One topic, however, that has not received as much press, at least per my internet searches, is handling...
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OSHA’s NEW COVID-19 VACCINE/TEST MANDATE- ZOOM WEBINAR

Kollman & Saucier
Kollman & Saucier
11/05/2021
TUESDAY, NOVEMBER 9: 12:00 PM TO 1:00 PM Join Kollman & Saucier attorneys, Garret Wozniak and Bernadette Hunton, for a discussion about OSHA’s new emergency COVID-19 vaccine/test rule for employers with 100 or more employees.  We know employers have many questions such as: What does the ETS require? What must employers do to prepare? What information do we need to get from employees? Which employers are covered? Do I have to pay for time...
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