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
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:
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.
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 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.
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.
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 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.
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 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.
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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.