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Please Click HerePosted on January 13, 2022 by Sara J. Ackermann and Nicole L. Stangl
Today the Supreme Court ordered that OSHA’s ETS be placed back on hold (a/k/a “stay”) and sent back to the 6th Circuit Court of Appeals. In its order, the Court‘s majority noted the ETS may have gone too far because it required employers to remedy a “public health” concern: The Solicitor General does not dispute […]
Posted on January 11, 2022 by Sara J. Ackermann
As you all know, last Friday the Supreme Court heard oral arguments regarding whether the OSHA ETS vaccine mandate should be upheld. The Court has not yet issued a ruling on this issue. As of January 10, large employers need to be in compliance with all ETS requirements. If an employer can show it is […]
Posted on December 23, 2021 by Sara J. Ackermann and Nicole L. Stangl
One quick e-alert before you are off for some holiday cheer! OSHA just added new FAQs to its ETS webpage. We do not have time to go into detail as our elves are leaving for the day—however, please review new questions in Section 6 regarding testing. The link can be found here. Have a safe […]
Posted on December 23, 2021 by Nicole L. Stangl, Sara J. Ackermann and Mary Ellen Schill
The Supreme Court has announced that it will hear oral arguments on both the OSHA ETS vaccine mandate and the CMS vaccine mandate on January 7, 2022. On December 17, 2021, we shared with you that the Fifth Circuit limited the scope of the injunction related to the CMS Mandate, which meant that 26 states […]
Posted on December 18, 2021 by Sara J. Ackermann
This week I was talking to Bob, a local HR professional (you know who you are), and he asked, “So Sara, what are the chances we are going to get a ruling on this OSHA mandate before the holidays?” to which I replied, “Highly unlikely…I would be shocked if anything happens before the holidays—but I […]
Posted on December 17, 2021 by John H. Fisher II, Sara J. Ackermann and Nicole L. Stangl
CMS Mandate: At the beginning of December we informed you that a Federal Court in Louisiana issued a nationwide stay on enforcement of the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate. During the stay period, CMS instructed its state survey teams suspend efforts related to monitoring compliance with the vaccine mandate. On […]
Posted on December 8, 2021 by Sara J. Ackermann and Nicole L. Stangl
On Tuesday, December 7, a federal court in Georgia issued an order staying the vaccine mandate for federal contractors (“Mandate”). The Court ordered that the Defendants, which includes President Biden, are ENJOINED, during the pendency of this action or until further order of this Court, from enforcing the vaccine mandate for federal contractors and subcontractors […]
Posted on December 1, 2021 by Sara J. Ackermann, John H. Fisher II and Nicole L. Stangl
A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement nationwide which takes place immediately. This is the second Federal Court injunction that has been issued enjoining immediate enforcement of the […]
Posted on November 16, 2021 by Sara J. Ackermann and Nicole L. Stangl
On November 16, 2021, a panel on multidistrict litigation announced that a panel of three judges from the U.S. Court of Appeals for the Sixth Circuit will hear the OSHA ETS litigation. All petitions that have been filed will be consolidated to the Sixth Circuit in accordance with the Consolidation Order signed today. What does […]
Posted on November 8, 2021 by Sara J. Ackermann and Nicole L. Stangl
On November 6, 2021, the Fifth Circuit Court of Appeals temporarily halted OSHA’s latest ETS by issuing an order staying the ETS until the court can conduct a full review. BST Holdings v. OSHA (5th Cir 11/06/2021). The order states: Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety […]