CMS Revises Enforcement Guidance—Again

After the publication of our Legal Alert on the Supreme Court decision lifting the stay on the Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “Rule”) published by the Centers for Medicare & Medicaid Services (“CMS”), CMS released … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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COVID-19 Vaccine Requirements for Travel to the U.S. – Are Your Employees Ready?

Effective 12:01 a.m. today, Presidential Proclamation 10294 took effect. That Proclamation rescinds the pandemic geographic travel bans and instead implements certain COVID-19 vaccine requirements for all international air travelers to the U.S. To read more about this development, click here.

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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 … Continue reading

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EEOC Issues Guidance on Religious Objections to COVID-19 Vaccine Mandates

Yesterday, the EEOC issued updated guidance (“Guidance”) regarding employers’ obligations in responding to employees’ religious objections to receiving a COVID-19 vaccination. A full copy of the new Guidance can be found at answers L.1 – L.6, located here.  We will focus … Continue reading

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President Biden Issues New Vaccine Mandate For All Employers With 100 Or More Employees

Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor, through the Occupational … Continue reading

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Employers Revisit Mandatory Vaccinations for Employees Following Full Approval of the Pfizer-BioNTech Vaccine

On Monday, August 23, 2021, the Food and Drug Administration (“FDA”) formally approved the Pfizer-BioNTech COVID-19 Vaccine for individuals 16 years of age and older. With this new and much-anticipated approval from the FDA, the Department of Defense immediately mandated … Continue reading

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