Employer Plans Pay for COVID Tests

Notwithstanding the fanfare with which DOL announced the ETS and its subsequent withdrawal (as detailed above), there was very little notice made about a new joint guidance issued by DOL along with the Departments of Health and Human Services (HHS) and Treasury requiring employer health plans – whether fully insured or self-insured – to cover…

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SCOTUS Blocks Large Employer Mandate!

Yesterday, the Supreme Court of the United States (SCOTUS) ruled that the employer mandate imposed by the Biden administration exceeds the authority of the Occupational Safety and Health Administration (OSHA) putting an end to the vax or test mandate. The decision comes just days after the mandate technically took effect on January 4, although the…

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SCOTUS to Judge Final Round

The final round in the heavyweight fight over a couple of the Biden vaccine mandates – including the OSHA Emergency Temporary Standard (ETS) for private employers with 100 or more workers – is set to be argued before the Supreme Court of the United States (SCOTUS) on January 7. In taking up the issues, the…

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California OSHA Re-adopts State ETS

Meanwhile, the California state OSHA is not waiting for SCOTUS to rule on the Biden employer mandate – last week, the Cal/OSHA Standards Board voted to readopt the state ETS with some revisions and putting it in effect on January 14, 2022 for a 90-day period, ending April 14, 2022. Just a week ago, the…

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