What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of dismissal with prejudice. Other times, a plaintiff may choose to unilaterally dismiss a claim
Mandate, We Hardly Knew You: OSHA Withdraws Large Employer Vaccine Standard
As we all know, the Supreme Court stayed the COVID-19 vaccine mandate for employers with 100 or more employees. As of today, OSHA has withdrawn that emergency temporary standard.
The announcement notes that:
Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS
The Final Word on Vaccine Mandates? Supreme Court Stays Vaccine Mandate for Businesses
In an opinion stating that they believe that opponents of the OSHA ETS on Vaccinations and Testing will be successful in their challenge to that standard, the U.S. Supreme Court today reinstated federal court stays that had been entered against enforcing that ETS. These stays, however, only apply to the portion of the ETS that
The COVID-19 Home Game: Biden Administration Requires Insurance to Cover At-Home Tests
In light of the difficulty of test scheduling and concerns about costs to consumers, the Biden administration this week announced that the Department of Health and Human Services will require private health insurance and group health plans to cover the cost of over-the-counter, at-home tests purchased by individuals. That requirement will go into place on
Decoding the CDC’s New Quarantine and Isolation Guidance for COVID-19
Despite all of our hopes and prayers for an end to the pandemic, we still have employees who are exposed to or testing positive for COVID-19, and we still need to figure out how to deal with those issues. The CDC issued new guidance on the length of time a non-healthcare employee must isolate or
It’s Back (for Now Anyway): Sixth Circuit Dissolves Stay of OSHA ETS on Vaccines
In the ever-changing vaccine mandate legal tennis match, the Sixth Circuit on Friday entered an opinion lifting the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard on COVID-19 vaccines and testing. Companies with at least 100 employees will now (and again) have to put in place either a mandatory vaccine policy or a weekly testing
Suspension with Pay Gives Way to Court Day on Race Claim? Nay, Nay, Says 11th Circuit
If you suspend an employee with pay, is that an adverse employment action? Funny you should ask as the Eleventh Circuit issued an opinion this week on this very subject. In this case, a former congressman sued his former employer, Legal Services Alabama, claiming that his suspension with pay during a pending investigation was race-based
Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond
As most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly. You can read more on the nuts and bolts of
It’s Finally Here: OSHA Reveals COVID-19 Vaccine Rule for Private Sector
The OSHA Emergency Temporary Standard is hot off the presses — now what? Undoubtedly, there will be lots and lots of discussion and legal challenges over the next several days. Although this is not an in-depth analysis, here are the nuts and bolts:
In general, the ETS:
- Applies to employers with 100 or more employees
What’s New with COVID-19 This Week?
The Biden administration has been very busy rolling out its plan to manage the COVID-19 pandemic. While we blogged about the president’s announcement last week, we just can’t help ourselves and are going to have an hour-long webinar to talk some more about it. Join us tomorrow while Craig Oliver, Chuck Mataya, and Anne