Loosening the Grip of COVID?

As infections from the coronavirus pandemic have plummeted across the country, one would think a loosening of restrictions would logically follow and in many states, it has and we’re seemingly on the road back to “normal”. Under new Governor Glenn Youngkin, Virginia this week officially repealed its Emergency Temporary Standard addressing COVID-19 in the workplace…

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DOL Officially Withdraws OSHA ETS

After having the OSHA ETS rejected by the SCOTUS last week, the Department of Labor (DOL) this week announced that it was officially withdrawing its Emergency Temporary Standard (ETS) that would have required that all employers with 100 or more employees require either their vaccination or a weekly negative COVID test. It also formally published…

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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 Hears Vaccine Mandate Today

The Supreme Court of the United States (SCOTUS) will hold a special session today, January 7, 2022, to hear oral arguments on the large employer vaccinate-or-test mandate of the Biden administration. You’ll recall that the Appellate Court for the 5th Circuit Court had previously issued a temporary restraining order against the mandate back in November.…

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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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Vaccine Litigation: Where We’ve Been and Where We Are Going

As most of you know, on Nov. 4, federal workplace safety officials released a mandate-or-test workplace vaccine emergency rule. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and Health Administration (OSHA) would require all covered employers with 100 or more employees to either mandate employees be fully vaccinated against Covid-19 or require employees…

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OSHA Extends Vaccine Comment Period

Although the President’s Emergency Temporary Standard (ETS) for a national vaccine mandate for employers with 100 or more workers has been put on hold by the federal courts, the administration is proceeding under the assumption that it will ultimately be upheld and implemented. Earlier this week, the Occupational Safety and Health Administration (OSHA), the agency…

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Court Stays, OSHA Suspends ETS

Some important happenings this week with regards to the Biden administration’s vaccine mandates for employers with 100 or more employees. Following up on its original order granting an emergency stay against the Emergency Temporary Standard (ETS), the Circuit Court of Appeals for the 5th District, headquartered in New Orleans, went one better this week and…

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And the ETS Lottery Winner is . . .

As you’re no doubt aware, the above legal challenge to the OSHA Vaccine ETS in the 5th Circuit Court was just one of many lawsuits filed against the mandate. In fact, as many as 26 states along with many private business interests filed litigation challenging the dictate by the Biden administration. As a matter of…

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CFA Webinar on ETS Status

While the OSHA Emergency Temporary Standard is on hold in the courts for the time being, the delay provides covered employers with a great opportunity to prepare for the mandate becoming effective in January. But should you plan on it now or take a wait and see approach? Are there steps should be taking now…

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