Latest Employment News

SUPREME COURT ORDERS OSHA LARGE EMPLOYER MANDATE STAYED; LIFTS STAYS ON CMS VACCINE MANDATE

This afternoon, two hotly anticipated Supreme Court decisions were published regarding two of the Biden Administration’s four vaccine mandates: the OSHA Large Employer Emergency Temporary Standard (“ETS”) and the CMS Interim Final Rule (“IFR”). The Supreme Court ordered the OSHA…

Sixth Circuit Revives OSHA’s Large Employer Vaccine Mandate; Eleventh Circuit Leaves Nationwide Injunction on Federal Contractor Safer Workforce Guidelines in Place

In the late afternoon of Friday December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals lifted the nationwide stay imposed by the Fifth Circuit Court of Appeals on OSHA’s enforcement of its vax-or-test mandate. (An oddity…

Vaccine Mandate Litigation Tracker

OSHA Large Employer ETS Case Name Case Number/ Jx Status/Rulings of Significance BST Holdings, LLC v. OSHA 21-60845 (5th Cir.) Staying enforcement until review of permanent injunction (Nov. 12) 21-4080 (6th Cir.) Petition for immediate en banc review denied. (Dec.…

Alabama DOL Issues Emergency Rule to Implement Vaccine Exemption Mandate

On November 5, 2021, Governor Kay Ivey signed Alabama Act 2021-561 (Alabama Senate Bill 9) into law. The Act requires any employer who implemented a vaccine mandate to provide employees with the opportunity to apply for medical or religious exemptions,…

OSHA RELEASES EMERGENCY COVID-19 VACCINATION STANDARD

On November 4th, the Occupational Health and Safety Administration (OSHA) released its much-anticipated Emergency Temporary Standard (ETS) on COVID-19 vaccinations for large employers. The policy requirements take effect December 5th, and the vaccination requirements must be fully implemented by January…

Game Changer: College Student Athletes and Unionization

NLRB to Classify College Athletes as EmployeesOn September 29, NLRB General Counsel Jennifer Abruzzo issued a Memorandum (GC 21-08) in which she stated that certain college athletes will be classified as employees, with the right to unionize and engage in…