On January 14, 2022, following our prior alert found here, CMS issued guidance containing new compliance deadlines for the vaccine mandate for those healthcare employers in the 24 states previously covered by injunctions. The January 14 guidance can be found here.
Archives for January 17, 2022
Supreme Court Stays OSHA Vaccinate-or-Test Mandate
Following up on our update of earlier this week, today the U.S. Supreme Court stayed implementation and enforcement of OSHA’s vaccination or testing ETS, while it allowed CMS’s mandate, which requires COVID-19 vaccination for certain healthcare workers, to go forward. Litigation over the ETS now moves back to the U.S. Court of Appeals for the Sixth Circuit for consideration of the merits of the ETS.
U.S. Supreme Court Lifts Injunctions on CMS Vaccine Mandate: Healthcare Employers Should Plan for Compliance by Month’s End
On Thursday, January 13, 2022, the U.S. Supreme Court upheld the CMS vaccine mandate for healthcare workers in a 5-4 per curiam opinion.
U.S. Supreme Court Halts Enforcement of OSHA’s Mandatory Vaccination/Testing ETS
As Omicron continues to surge and cause record-level infections, with corresponding worker absences due to COVID-19 illnesses and quarantines, the U.S. Supreme Court on January 13 stayed enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standards (ETS). Those standards mandated that employers with 100 or more employees require employees to receive the COVID-19 vaccine or, alternatively, to test (on the worker’s own time and expense) on a weekly basis and wear masks at work.
What the Supreme Court’s Vaccine Case Was Really About
Halfway through his pained dissent from the Supreme Court’s decision blocking the Biden administration’s workplace Covid vaccine rule, Justice Stephen Breyer made a glancing reference to a now-obscure case from 1981, American Textile Manufacturers Institute v. Donovan.
Charter Senior Living to Pay $31,000 to Settle EEOC Disability Discrimination Lawsuit
Senior Living Home Discharged Employee Even After She Passed a Physical Examination, Federal Agency Alleged
Hackers disrupt payroll for thousands of employers — including hospitals
A month-old ransomware attack is still causing administrative chaos for millions of people, including 20,000 public transit workers in the New York City metro area, public service workers in Cleveland, employees of FedEx and Whole Foods, and medical workers across the country who were already dealing with an omicron surge that has filled hospitals and exacerbated worker shortages.
Whole Foods Stands Firm on Prohibiting Employees from Wearing Black Lives Matter Clothing and Masks
Whole Foods Market is not budging on its Black Lives Matter mask and apparel ban; instead the grocery chain is hitting back with the Constitution.
EEOC Delays Employee Office Reentry Amid Omicron Surge
The civil rights agency originally planned to bring bargaining unit employees back in February, but union officials said management did not properly consult them.
Is your workplace unsafe? Here’s what to say — and what to do if you’re injured on the job
When Lazarus Jackson drove his truck to the Bronx in March 2015, like any other day, he hopped into the back to help the restaurant workers unload the food delivery.
When You’re Stuck in the Middle of a Workplace Battle
What do you do when your company’s leadership has essentially abdicated any culture-creating or policy-setting role to you?
How omicron is impacting workplace well-being and what leaders can do
What are the best ways to show you value the once stigmatized topic of employee mental health at your place of business?
2 courts, 2 sets of COVID-19 emergency workplace rules, 2 different outcomes. What it means
On Thursday, a 6-3 majority of the U.S. Supreme Court blocked the U.S. Occupational Safety and Health Administration (OSHA) from enforcing COVID-19 emergency temporary standards.
Activision Blizzard Pushes Out Dozens of Employees Over Workplace Misconduct
Company’s actions have come in the wake of pressure from investors, business partners and employees to address complaints over its handling of misconduct issues
New Orleans Revives Mask Mandate, Effective January 12, 2022
New Orleans has revived its mask mandate for indoor spaces, effective January 12, 2022. Citing increased COVID-19 infection and hospitalization rates, Mayor Latoya Cantrell has ordered that all individuals over the age of two who do not have breathing complications must wear masks “when in indoor spaces outside the household,