On Jan. 13, 2022, the United States Supreme Court struck down the Biden administration’s vaccine-or-test requirement for employers with 100 or more employees. Continue Reading Supreme Court shoots down Biden administration COVID-19 vaccine rule: So what’s next?
As we previously reported, on Nov. 12, 2021, the Fifth Circuit Court of Appeals blocked the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) and ordered OSHA to take no steps to implement or enforce the ETS. After that, several lawsuits challenging the ETS were consolidated in the Sixth Circuit Court of Appeals, and OSHA filed a motion to dissolve the stay issued by the Fifth Circuit. On Dec. 17, 2021, the Sixth Circuit lifted the stay on the ETS, allowing OSHA to begin enforcing the rule. Continue Reading OSHA COVID-19 vaccination and testing rule reinstated
Florida Gov. Ron DeSantis recently signed House Bill 1B into law, making it more difficult for employers in the state to mandate vaccinations for their employees. The law, which will remain in effect until June 1, 2023, states that an employer may not impose a COVID-19 vaccine requirement without providing five exemptions from the requirement. Continue Reading Florida enacts law that limits employers’ ability to mandate vaccinations
On Tuesday, Dec. 7, 2021, a federal court in Georgia issued a nationwide injunction against Executive Order 14042, which required many federal contractors to mandate vaccination of employees at facilities which provide support for their federal work. As we have reported in recent weeks, attorneys general and other business groups have been filing lawsuits across the country to prevent vaccine mandates from going into effect.
Federal vaccine mandate obligations continue to be challenged successfully in the courts. Here is a quick refresher on the federal measures taken recently to require employers to mandate COVID-19 vaccination. Continue Reading More courts issue injunctions against federal vaccine mandates
As we previously reported, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) on mandatory COVID-19 vaccines on Nov. 4, 2021. Since then, a number of lawsuits have been filed challenging OSHA’s ability to enforce this ETS. Following a stay of those lawsuits by the Fifth Circuit Court of Appeals, the cases will be consolidated, and the Sixth Circuit Court of Appeals will rule on the fate of the ETS. Regardless of how the Sixth Circuit rules, the case is likely to be ultimately decided by the U.S. Supreme Court. Continue Reading OSHA calls off enforcement of vaccine requirement – for now
As employers across the country have begun to implement COVID-19 vaccination and testing requirements, the Equal Employment Opportunity Commission (EEOC) recently updated its guidance regarding religious accommodations. As a reminder, Title VII of the Civil Rights Act states that an employee may be entitled to a reasonable accommodation from a workplace requirement if the employee has a sincerely-held religious belief, practice or observance that prevents the employee from adhering to the requirement. Continue Reading EEOC revises guidance regarding religious accommodations for COVID-19 requirements
The Biden administration recently announced the deadline for employees of federal contractors covered by Executive Order 14042 to be vaccinated for COVID-19 will be extended to Jan. 4, 2022. Previously, the Safer Federal Workforce Task Force set a deadline of Dec. 8, 2021, for federal contracts entered into or modified after Oct.15, 2021. Continue Reading Biden administration extends federal contractor vaccination deadline to Jan. 4 to align with OSHA and CMS deadlines
The Occupational Safety and Health Administration (OSHA) has issued its Emergency Temporary Standard (ETS) mandating certain COVID-19 safety protocols. The ETS answers some of the questions employers have had while waiting for the standard. Continue Reading OSHA issues emergency temporary standard: Mandates COVID-19 vaccination or testing for companies with over 100 employees company-wide
On Oct. 19, 2021, the Department of Justice, Immigrant and Employee Rights Section (IER) announced a settlement agreement with Facebook to resolve issues regarding Facebook’s practices to recruit for PERM applications. The settlement agreement requires Facebook to pay a significant fine, provide a fund for the settlement of individual claims and modify recruiting practices for PERM cases. Continue Reading Lessons from the IER settlement with Facebook