New Legislation and Regulations

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As Lizbeth West and James Kachmar wrote in previous blogs, here and here, the 6th Circuit Court of Appeals vacated the stay of OSHA’s vaccine-or-test mandate that applies to employers with more than 100 employees. Challengers of the mandate sought immediate review by the U.S. Supreme Court. The U.S. Supreme Court held oral arguments in the matter on an expedited basis on January 7, 2022, and just published an opinion today lambasting OSHA’s vaccine mandate and staying its enforcement.
Continue Reading The U.S. Supreme Court Stays Enforcement of OSHA’s Nationwide Vaccine Mandate Because It Exceeds OSHA’s Authority

Earlier this week, Beth West wrote a blog update about the 6th Circuit Court of Appeals vacating the stay of OSHA’s vaccine or test mandate that applies to employers with more than 100 employees (Click here to read). Ms. West noted that the challengers to the mandate would seek immediate review by the U.S. Supreme Court. The Appellants in those cases filed their appeals of the 6th Circuit’s ruling and filed applications to again stay the OSHA vaccine or test mandate.
Continue Reading US Supreme Court Will Hear OSHA Vaccine or Test Mandate Challenge on Expedited Basis

On Friday, December 17, 2021, the federal Sixth Circuit Court of Appeals granted an emergency motion to dissolve the stay of the federal OSHA COVID-19 vaccine or test mandate for large employers.

Background.

On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS or the standard) to protect the health of employees by mitigating the spread of this historically unprecedented virus in the workplace. The ETS requires that employees who work for an employer with 100+ employees, as well as certain government employees, to either obtain a COVID-19 vaccine or undergo regular weekly tests. The next day, the U.S. Court of Appeals for the Fifth Circuit stayed the ETS pending judicial review, and it renewed that decision in an opinion issued on November 12. Multiple petitions challenging the ETS—filed in Circuit Courts across the nation—were consolidated into the Sixth Circuit to be decided together.
Continue Reading OSHA’s COVID-19 Vaccine or Test Mandate Is BACK in Play… For Now

Due to the increase in COVID-19 infection numbers and the rising number of hospitalizations in recent weeks, the California Department of Public Health has issued a mandate requiring all individuals in California wear masks in all public indoor settings regardless of their vaccine status. The mandate is for a one month period from December 15,…