On Dec. 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the Occupational Safety and Health Administration (OSHA) can enforce its emergency temporary standard (ETS) to mitigate the spread of COVID-19 in the workplace through its vaccine-or-test mandate for employers with 100 or more employees.
Archives for December 21, 2021
Getting Claims Straight: S.C. Supreme Court Clarifies the Contractual Nature of At-Will Employment
In Hall v. UBS, the South Carolina Supreme Court recently issued definitive answers on three certified questions in the employment law context. The opinion clarifies the following S.C. employment law issues:
Jackson Lewis Attorneys Discuss Court of Appeals Decision to Lift Injunction on the OSHA’s ETS
Courtney Malveaux, Melanie Paul, Patricia Anderson Pryor, Catherine Cano and Katharine Weber discuss a decision by the 6th Circuit Court of Appeals that lifted the nationwide injunction on OSHA’s Emergency Temporary Standard in “Biden’s COVID vaccine and testing mandate is reinstated. Here’s what that means,” published by Miami Herald.
Jackson Lewis Attorneys Comment on Court of Appeals Lifting Nationwide Injunction on the OSHA’s Vaccine Mandate
Courtney Malveaux, Melanie Paul, Patricia Anderson Pryor, Catherine Cano and Katharine Weber comment on the 6th Circuit Court of Appeals decision to lift the nationwide injunction on OSHA’s vaccine mandate for private businesses with more than 100 employees in “Coronavirus Roundup: Tracking Vaccine Mandate Clauses in Contracts; Dr. Collins Has Stepped Down as NIH Director,” published by Government Executive.
Patricia Anderson Pryor Discusses the Potential of the Supreme Court Ruling on Federal Vaccine Mandate
Patricia Anderson Pryor discusses what a potential ruling from the U.S. Supreme Court could mean for the future of OSHA’s federal vaccine mandate in “What’s next for the federal vaccine mandate: ‘This puts employers in an incredibly difficult spot,'” published by Market Watch.
Jackson Lewis Attorneys Comment on OSHA’s Vaccine-or-Testing Rule
Courtney Malveaux, Melanie Paul, Patricia Anderson Pryor, Catherine Cano and Katharine Weber comment on OSHA’s Emergency Temporary Standard requiring businesses with at least 100 employees to develop a written vaccine-or-testing policy in “OSHA’s Vaccine-or-Testing Rule Is Back, Unless Supreme Court Says Otherwise,” published by SHRM.
Jackson Lewis Attorneys Discuss 6th Circuit’s Lifting of Injunction on OHSA’s Emergency Temporary Standard
Courtney Malveaux, Melanie Paul, Patricia Anderson Pryor, Catherine Cano and Katharine Weber discuss the 6th Circuit’s decision to lift the injunction on OHSA’s Emergency Temporary Standard was cited in “OSHA vaccine mandate is back on for now as appeals court dissolves stay,” published by Restaurant Dive.
Washington’s Long-Term Cares Fund on Hold
Washington Governor Jay Inslee has announced a pause in implementation of the Long-Term Services and Supports Act to give the state legislature time to refine the law.
Boston: Proof of COVID-19 Vaccination to Enter Certain Indoor Venues; Workers Must Be Vaccinated
Newly elected Boston Mayor Michelle Wu has announced that, starting on January 15, 2022, individuals will be required to show proof of vaccination against COVID-19 in order to enter certain indoor spaces in Boston. People working in those locations also will be required to have received their vaccines.
NYC Issues Guidance on Private Employers’ Mandatory Vaccine Requirement
NYC released guidance on December 15, 2021 regarding its mandatory vaccine requirement for private employers. You can find our previous Alert on the mandate here. Effective December 27, 2021, employees who perform in-person work for private employers in NYC are required to provide proof that they received at least one dose of the COVID-19 vaccine. If the vaccine requires two doses, employees will then have 45 days to submit proof of their second dose. Employees who are not vaccinated must be excluded from the workplace unless one of the limited exceptions discussed below applies.
There Still Aren’t Enough “Good Jobs”
Don’t just honor essential work. Pay well for it.
Jones Day bristles over remote depositions in ex-associates’ bias case
Two married former associates suing over parental leave push for remote depositions, citing pandemic
Architects Are the Latest White-Collar Workers to Confront Bosses
Saying they are overworked and underpaid, architects at a prominent New York firm want to unionize. Others could follow.
Is Your Workplace Toxic? 57 Separate Studies Say Blame Bad Bosses
Want to improve employee job satisfaction, dedication, performance, and retention? The first step is to deal with bad bosses.
Charter Defeats EEOC Accommodation Suit Tied Solely to Commute
Charter Communications LLC acted within the law when it refused to grant a call center worker’s request for an earlier shift to accommodate his cataracts and difficulty driving at night, the Eastern District of Wisconsin ruled.