On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (the “CMS Rule”) that applies to most healthcare entities that participate in Medicare and Medicaid programs. Subject to a few exceptions, the CMS Rule requires all individuals who work for those entities to be vaccinated against COVID-19. According to CMS, its rule takes priority above other federal vaccination requirements, including those set forth in the new OSHA Emergency Temporary Standard (“ETS”). Additionally, CMS maintains that pursuant to the Supremacy Clause of the United States Constitution, its rule preempts any state or local laws.
Articles Discussing Workplace Issues Related to the Coronavirus (COVID-19)
Federal Vaccine Mandate Will Remain On Hold For Foreseeable Future – Next Stop Supreme Court?
On November 12, 2021, the United States Fifth Circuit Court of Appeals affirmed its stay on the Federal Vaccination and Testing Emergency Temporary Standard (VAX ETS) pending what it called “adequate judicial review of the petitioners’ underlying motions for a permanent injunction” and further ordered that Federal Occupational Safety and Health Administration’s (Fed/OSHA) take no steps to implement or enforce the VAX ETS.
Fifth Circuit Enjoins OSHA from Enforcing Mandatory Vaccination or Test Emergency Regulations
On Friday, November 12, the U.S.
Fifth Circuit Again Stays OSHA’s ETS … for Now
On November 12, 2021, a three-member panel of the United States Court of Appeals for the Fifth Circuit issued a sweeping order continuing its initial November 6, 2021, stay of the emergency temporary standard (ETS) that the U.S. Occupational Safety and Health Administration (OSHA) issued on November 4, 2021.
UPDATED: Federal Contractor Vaccine Updates: January 18 “Fully Vaccinated” Deadline and New FAQs
Updated! The Safer Federal Workforce Task Force has updated the error in the vaccination deadline reported yesterday, correcting January 18, 2021 to January 18, 2022.
Vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation Covered contractors must ensure that all covered
Update on Resumption of Global Travel During the COVID-19 Pandemic
On October 25, 2021, President Biden issued a presidential proclamation revoking prior proclamations restricting country-by-country travel into the United States. The new proclamation, which took effect on November 8, 2021, imposes a COVID-19 vaccination requirement for noncitizen nonimmigrants wishing to enter the United States by air travel.
Federal Contracts and Vaccine Mandates: A New Order
Federal contractors and subcontractors recently received guidance from the Safer Federal Workforce Task Force when applying President Biden’s Executive Order Ensuring Adequate COVID Safety Protocols.
Federal Contractor Vaccine Updates: January 18 “Fully Vaccinated” Deadline and New FAQs
On November 10, the Safer Federal Workforce Task Force again updated the binding Guidance for Federal Contractors and Subcontractors implementing Executive Order 14042, and issued new and updated FAQs for federal contractors.
January 18, 2022 “Full Vaccination” Deadline is “Official”
The first order of business was to officially extend the full vaccination
Disputes Regarding the Mandate-or-Test Emergency Temporary Standard That OSHA Issued to Be Heard by a Circuit Selected Through a Multi-Circuit Lottery
On Friday, November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued a mandate-or-test Emergency Temporary Standard (ETS) that will take effect in January 2022. The ETS will mandate that most employers with 100 or more employees either (1) require vaccination (with exceptions for reasonable accommodation for medical and/or
Additional Pushback on Governmental and Private Employer Vaccine Mandates by Certain States
As reported less than a week ago, some states are pushing back on government and private employer vaccine mandates through state legislation and lawsuits against the federal government.
Free Webinar: Managing Remote Work Requests During (and After) the Pandemic
Join me for my annual FMLA/ADA webinar, which comes to you, as always, free of charge!
When: Wednesday, December 8, 2021 (12:00 – 1:15 p.m. central time)
Online registration: Click here
Work-from-home requests were on the increase even before the pandemic. After having sent many of their employees home to
Pause on Implementation of Federal Vaccine Mandate
By: Pause on Implementation of Federal Vaccine Mandate
The 490-page Federal Occupational Safety and Health Administration’s (Fed/OSHA) Vaccination and Testing Emergency Temporary Standard (VAX ETS) was published on November 5, 2021 and while it was effective immediately giving covered employers until December 5, 2021
Webinar and Information on OSHA’s Emergency Temporary Standard Mandating Vaccination for Employers with 100+ Employees
Pursuant to the ETS, employers with at least 100 employees must either (1) adopt a mandatory COVID-19 vaccination policy or (2) adopt a policy that requires employees to either choose to get vaccinated or undergo weekly testing and wear a face covering at work. The ETS further requires employers to
What Healthcare Employers Need to Know About the Centers for Medicare & Medicaid Vaccine Mandate
The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers. The IFR requires covered staff to be fully vaccinated against COVID-19 by January 4, 2022, or have received an approved religious
Fifth Circuit Hits Pause on OSHA COVID-19 Vaccine or Testing Emergency Standard
One day after the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) titled “COVID-19 Vaccination and Testing; Emergency Temporary Standard”, a panel of the U.S. Court of Appeals for the Fifth Circuit granted a nationwide stay of the OSHA ETS. Read full coverage from our Workplace