In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union could be liable under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act. The decision opens a new avenue
Andrew L. Levy
OSHA Withdraws COVID-19 Vaccination or Testing ETS
As explained in our previous post, on January 13, 2022, the United States Supreme Court blocked the OSHA vaccination or testing Emergency Temporary Standard (“ETS”) pending full consideration of the matter by the Sixth Circuit Court of Appeals. In response to the Supreme Court’s decision, OSHA is withdrawing the ETS, effective January 26, 2022.…
Supreme Court Blocks OSHA COVID-19 Vaccination or Test ETS, Allows Separate Vaccine Mandate for Health Care Workers to Take Effect
Yesterday, the United States Supreme Court issued hotly anticipated decisions on two federal government vaccine requirements in response to the ongoing COVID-19 pandemic.
In a 6-3 decision, the Court blocked the Emergency Temporary Standard (“ETS”) issued by the Occupational Safety and Health Administration (“OSHA”) that required employees of larger employers (i.e., those…
Sixth Circuit Dissolves Stay of OSHA ETS, Permitting OSHA to Resume Implementation of ETS
On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) that had previously been issued by the U.S. Court of Appeals for the Fifth Circuit. We summarized the…
Sixth Circuit Selected to Hear Consolidated Challenge to OSHA ETS, after the Fifth Circuit Issues a Stay
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) requiring, among other things, that most employees of companies with 100 or more employees submit to weekly COVID-19 testing and wear a face covering while at work indoors. We summarized the ETS in…
OSHA Issues Emergency Standards for COVID-19 Testing and Vaccination in the Workplace
On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) imposing requirements pertaining to vaccinations, testing and face coverings on private employers throughout the country.
Which businesses does the ETS apply to? The ETS applies to employers with 100 or more employees, including…
Vaccine Mandates Loom Large
“Vaccinating the Unvaccinated” is central to the Biden Administration’s “Path Out of the Pandemic.” Federal agency workers and military personnel are required to be vaccinated; health care facilities that participate in Medicare or Medicaid must require vaccination for health care workers; certain federal government contractors must ensure that covered employees are vaccinated (see our prior…
Task Force Issues Details for Federal Contractors on Vaccine and Safety Requirements
On Friday, September 24, 2021, the Safer Federal Workforce Task Force issued new guidance on COVID-19 vaccination requirements and other workplace safety protocols for covered federal government contractors, as required under Executive Order 14042. Beginning on October 15, 2021, all agencies will be required to add a clause to all covered Federal procurement solicitations and…
OSHA Issues Revised COVID-19 Guidance on Protecting Workers
McNees attorney Errin McCaulley is a co-author of this post
On June 10, 2021, OSHA released a revised version of its Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Workplace Guidance”). This Guidance was issued simultaneously with the Emergency Temporary Standard, which is applicable only in the healthcare industry. …
COVID-19 in the Healthcare Workplace: OSHA Issues Emergency Temporary Standard
McNees attorney Errin McCaulley is a co-author of this post
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released its long-awaited COVID-19 Emergency Temporary Standard (“ETS”) (the final prepublication version that is set to become effective upon publication in the Federal Register). Covered employers will be required to comply with most provisions…