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
COVID-19 (Coronavirus)
Staying Current on the Stays, Updates on Federal Vaccine Mandates, and the Alabama Vaccine Exemption Law

As we are sure you have heard, many people are not all that psyched about the federal government mandating that employees get vaccinated. Just to keep everyone on the same page in these ever-changing times,…
Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition
Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some bright, shining blessings in what has otherwise been another difficult year. We are grateful…
New Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for Federal Contractors
Employers in Tennessee need to hold off on requiring COVID-19 vaccine proof from employees because they might run afoul of a newly minted law. On November 12, Tennessee Gov. Bill Lee signed an omnibus COVID-19 bill into law and as a result, most Tennessee employers cannot mandate their employees and applicants show proof of COVID-19…
OSHA Suspends ETS Enforcement in Wake of Fifth Circuit’s Latest Jab at Vaccine Rule, But Future Remains Uncertain
The saga of the Occupational Safety and Health Administration’s (OSHA) newly announced COVID-19 Emergency Temporary Standard (ETS) continues. As you know, the ETS requires employers with 100 or more employees to mandate vaccines or weekly testing (with limited exceptions). OSHA has since announced that it has “suspended activities related to the implementation and enforcement of…
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
…
Potential New Tennessee Law Prohibits Many Businesses from Requiring Proof of COVID-19 Vaccine, Requires Government Contractors to Apply for Exemption
Things just got more complicated in Tennessee for private employers wrestling with COVID-19 vaccines. On October 30, the Tennessee Legislature passed an omnibus COVID-19 bill that does not entirely line up with the current or expected federal mandates. While the bill is not law yet, the highlights include:
- Don’t ask for proof of vaccine. The
…
When Do We Have to Require the Shot? Status of the OSHA Vaccine Mandate
As we reported here, President Biden issued his “Path out of the Pandemic” memorandum on September 9, 2021. Part of
that memorandum directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination. The direction was to do this through the…
Another Type of COVID Long Haul—Future Discrimination Suits?
We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine? What kinds of medical questions can I ask my employees? Should employees still wear masks? How does COVID-19-related leave work? What do…