On August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a...more
Summary -
On January 13, 2022, the Supreme Court “split the baby” on two federal vaccine mandates. The Court stayed the OSHA “vaccine or test” rule, but allowed the Centers for Medicare & Medicaid Services (CMS) vaccine...more
1/20/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
As previously reported here, the Supreme Court recently issued decisions staying the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS) and upholding the Centers for...more
On December 14, 2021, the EEOC updated its COVID-19 Technical Assistance manual Technical Assistance manual to address when employees who contract COVID-19 are covered under the Americans with Disabilities Act (“ADA”). The...more
As we previously reported here, the United States Judicial Panel on Multidistrict Litigation conducted a lottery to determine which of the thirteen federal appeals courts would hear the consolidated cases challenging the...more
Summary -
The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take...more
11/11/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The deadline for covered federal contractors to comply with the vaccine mandate was extended from December 8 to January 4. For more information on the mandate, read our September post. The Safer Federal Workforce Task Force...more
On Thursday, November 4, the Centers for Medicare & Medicaid Services (CMS) announced an Interim Final Rule requiring that all staff employed by covered Medicare- and Medicaid-certified providers must receive a first COVID-19...more
The Occupational Safety and Health Administration (”OSHA”) has issued its long-awaited Emergency Temporary Standard requiring employers with 100 or more employees to mandate that each worker be fully vaccinated, or subject to...more
This week, the City of Philadelphia announced a number of new COVID restrictions and mandates in an effort to curb the spread of the Delta variant, and warns that further action may be necessary if case counts continue to...more
The City of Philadelphia announced new masking restrictions on August 11. Beginning at 12:01 a.m. on August 12, indoor businesses and institutions in Philadelphia must either require masks for employees and customers or...more
On May 13, 2021 the CDC overhauled its guidance, stating that fully vaccinated people can resume most of their pre-pandemic activities without wearing a mask or social distancing. This includes indoor and outdoor gatherings,...more
In a decision with potential implications for employers who are considering implementing a mandatory COVID-19 vaccine policy, a federal court in New York found that a hospital employee who was terminated in December 2017, for...more
On March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a National Emphasis Program (NEP) that signaled a new enforcement agenda, targeting establishments in industries that have an increased...more
On today’s episode we discuss a key issue presented by the coming COVID-19 vaccines: whether employers can or should mandate vaccination, what limitations might exist on an employer’s ability to do so, and other...more
On August 13, 2020, the National Labor Relations Board (NLRB) Division of Advice released five memoranda in which the General Counsel directed NLRB regional offices to dismiss pandemic-related charges filed by unions and...more
8/17/2020
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
NLRB ,
NLRB General Counsel ,
Nursing Homes ,
Policy Memorandums ,
Protected Concerted Activity ,
Unions ,
Workplace Safety