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
Supreme Court Leaves OSHA Vaccine/Testing Mandate with Uncertain Future
By now most people in the United States are aware that the Biden Administration wants everyone to get a COVID-19 vaccine and is using OSHA, CMS, and federal contracts to accomplish that goal. The OSHA path is an emergency temporary standard (ETS) requiring employers with 100 or more employees to either mandate that all employees
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
What More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA
For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed in on something that employers may not have yet considered: When does an employee’s COVID-19 become a disability under the Americans with Disabilities Act?
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
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
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