Andrew L. Levy

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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…

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…

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…

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…

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…

“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…

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…

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. …

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…