Labor and Employment Law Blog

Supreme Court Confronts OSHA ETS

In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”).  One issue pertained to the merits of the appeal and whether the OSHA ETS was valid and enforceable.  The second issue confronted by the justices was the issuance of temporary stay of the OSHA […]

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Predicting the Future of the Cal/OSHA COVID-19 Emergency Temporary Standard

With the enforcement of the Federal OSHA COVID-19 Emergency Temporary Standard (“ETS”) on hold pending consolidated review by the U.S. Court of Appeals for the Sixth Circuit after multiple legal challenges and a temporary stay by the Fifth Circuit on November 12th, many employers are asking what the future holds for the COVID-19 “Vaccine or […]

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Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities

Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”). Since the ETS was published on November 5, 34 petitions had been filed in 12 different federal appeals courts […]

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OSHA Ordered to Cease Implementation of Vaccination and Testing ETS Pending Further Court Order

On Monday, November 8, 2021, Snell & Wilmer published a Legal Alert explaining that, on November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans granted a stay and suspended the federal OSHA emergency temporary standards (ETS) requiring employers to mandate COVID-19 vaccinations or requiring employees to submit to regular testing. On Friday, November 12, 2021, […]

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OSHA’s Vaccination and Testing ETS Suspended

On Friday, November 5, Snell & Wilmer published a Legal Alert and blog regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard (‘ETS”). We noted that legal actions objecting to the enactment and enforcement of the ETS were filed across many jurisdictions on Thursday, November 4 and Friday, November 5. […]

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COVID-19 Vaccination and Testing ETS

Almost two months after President Biden’s announcement of his administration’s mandatory vaccination plan, yesterday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”).  The ETS becomes enforceable today, November 5, 2021.  Essentially, it requires all employers employing 100 or more employees to draft, adopt and implement a […]

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President Biden Focuses on Strengthening COVID-19 Workplace Compliance

Occupational Safety & Health Administration (OSHA) issues and proposed actions took center stage in the first week of the Biden Administration. The President called for greater enforcement by OSHA of more stringent worker safety standards. Central to this call is greater protection for workers regarding COVID-19 workplace exposures. To accomplish this, in part, OSHA would have […]

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Cal-OSHA Emergency COVID-19 Regulation

On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on November 20, 2020. OAL will have 10 days to review and approve the regulation. Thereafter, stakeholders will have five days to submit comments. Thus, […]

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COVID-19: Employment Squalls Likely to Hit Employers

Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here to continue reading.

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Employees’ Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number of new unemployment claims appears to be dropping, for the week ending May 2, 2020, […]

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