The U.S. Department of Labor’s Wage and Hour Division, the agency responsible for enforcing the Family and Medical Leave Act (FMLA), recently issued guidance clarifying employer obligations with respect to mental health leaves of absence under the FMLA. It is...
U.S. Supreme Court pauses OSHA vaccine or testing mandate and upholds CMS vaccination rule for healthcare facilities receiving federal funds
On January 13, 2022 the U.S. Supreme Court ordered that Occupational Safety and Health Administration’s (OSHA’s) vaccine/testing mandate be stayed (paused) and not go into effect. The OSHA vaccine/testing mandate would require all companies with 100 or more employees to either test weekly or vaccinate all employees for COVID. Initially, the U.S. Fifth Circuit Court of Appeals had stayed OSHA’s mandate.
Sixth Circuit Court of Appeals strikes down stay on OSHA ETS; vaccine mandate to go into effect in early 2022
On December 17, 2021, in an opinion issued late Friday night, the Sixth Circuit Court of Appeals ended the court ordered pause on OSHA’s vaccine mandate. Previously, the Fifth Circuit had put the vaccine mandate (OSHA Emergency Temporary Standard) on hold, and all federal litigation was consolidated to the Sixth Circuit. The Sixth Circuit’s ruling last Friday means that the OSHA ETS is now poised to go into effect with mandatory compliance in January 2022.
Court grants national injunction on federal contractor COVID-19 vaccine mandate
On December 7, 2021, a federal judge in Georgia granted a request for injunction that paused the implementation of the COVID-19 vaccine mandate for federal contractors. Unlike an earlier case from the District of Kentucky that paused the mandate in only a few states, this recent order is applicable to the entire nation.
Federal courts place hold on COVID-19 vaccination mandate for some healthcare workers
On November 29 and 30, 2021, respectively, federal district courts in Missouri and Louisiana blocked the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine mandate for healthcare workers. The Courts each granted preliminary injunctions precluding implementation of the rule pending decisions on the merits.
Stay on COVID-19 vaccination mandate remains in place as case moves to 6th Circuit Court of Appeals
The below information is current as of the publication date listed. Because COVID-19 response measures on all fronts are continually evolving, clients should stay alert to new developments and consult with counsel on any critical questions. On November 13,...
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