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Articles by Abbie Thederahn
Opponents of OSHA COVID-19 vaccination and testing rule appeal to Supreme Court
As we recently reported, on Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Shortly after the Sixth Circuit’s decision was issued, several opponents of the ETS petitioned the Supreme Court to issue an emergency stay to block OSHA from enforcing the rule. The petitioners have asked the Supreme Court to put the appeal on a fast track.
OSHA COVID-19 vaccination and testing rule reinstated
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.
OSHA issues emergency temporary standard: Mandates COVID-19 vaccination or testing for companies with over 100 employees company-wide
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. KEY THINGS TO KNOW What companies are covered under the emergency temporary standard? The ETS applies to companies that employ 100 or more people.
New York passes employer-friendly amendments to HERO Act
As we shared in a previous blog, New York Gov. Andrew Cuomo signed the Health and Essential Rights Act (HERO Act) into law on May 5, 2021. Shortly thereafter, the New York legislature amended the HERO Act to clarify several questions that were left unanswered in the previous version of the law. On June 11, 2021, Gov. Cuomo signed the amended HERO Act into law.
OSHA updates general COVID-19 guidance for all employers
On June 10, 2021, the Occupational Health and Safety Administration (OSHA) revised its general COVID-19 guidance applicable to all employers. At the same time, OSHA issued a COVID-19 emergency temporary standard setting out extensive requirements for employers in the health care sector. For more details on the health care emergency temporary standard, see this blog post.
OSHA issues COVID-19 emergency temporary standard for health care employers
The Occupational Safety and Health Administration (OSHA) issued a COVID-19 emergency temporary standard that is effective today. In the face of pressure from the White House and some interest groups to develop an emergency OSHA standard targeted specifically at COVID-19 workplace safety, OSHA has issued a standard targeted only at health care employers.
Biden administration DOL proposes rescinding Trump-era joint employer and independent contractor rules
On March 11, 2021, the Department of Labor (DOL) announced two Notices of Proposed Rulemaking (NPRM) to rescind the previous administration’s joint employer and independent contractor rules. Joint employer rule The first NPRM proposes rescinding the joint employer rule. Joint employers can be held jointly and severally liable for wage and hour claims under the Fair Labor Standards Act (FLSA).
EEOC proposes new wellness program rules under the ADA and GINA which may limit employers’ efforts to incentivize COVID-19 vaccination
The attorneys behind the Employer Law Report Blog present the final part of our three-part series on the COVID-19 vaccine and employer considerations. On Jan. 7, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) proposed new rules that would apply to employer wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
Big changes to Ohio’s anti-discrimination laws coming this spring
On Jan. 12, 2021, Gov. Mike DeWine signed the Employment Law Uniformity Act (H.B. 352) into law. This act will significantly modify several aspects of Ohio’s workplace anti-discrimination laws and will bring Ohio law into conformity with federal law. The law will take effect in April 15, 2021. New process for filing a civil employment discrimination suit First, the law will significantly change the process for filing a civil employment discrimination suit.
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