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The Employer Handbook Blog

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OSHA: The ETS is dead as a temporary standard. Long live the ETS as a proposed rule!

The U.S. Department of Labor’s Occupational Safety and Health Administration announced yesterday that it has decided to withdraw the vaccination and testing emergency temporary standard issued on Nov. 5, 2021, covering large employers with 100 or more employees. The withdrawal is effective today. But check the fine print. Although OSHA…

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The Mysterious Case of the Disappearing U.S. Department of Labor Wage and Hour Division Fact Sheet No. 84

I’m going to share with you the Mysterious Case of the Disappearing U.S. Department of Labor Wage and Hour Division Fact Sheet No. 84. Last week, right around the time that my employment law colleagues and I were recording The Employer Handbook Zoom Office Hour (available here on The Employer…

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A federal judge entered a nationwide injunction on yet another federal vaccine mandate

WTH is even left to enjoin anyway? Oh, right, the September 2021 Executive Order 14043 requiring COVID-19 vaccinations for federal workers. As of last Friday, Executive Order 14043 is stayed nationwide — thanks to a Texas federal judge. You can read a copy of his opinion here. Or skip it,…

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Thinking about reversing your new COVID-19 vaccine and testing requirements? Could be a trend.

And some of the largest companies are leading it. But let’s rewind first to last month when the Sixth Circuit Court of Appeals greenlit OSHA’s Emergency Temporary Standard (ETS). That’s when things got very real for employers that had put off implementing the mandatory vaccine-or-test requirements. It wasn’t long after…

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UK is lifting many COVID-19 restrictions. Should we be doing the same?

According to the Associated Press (here) and the BBC (here), Prime Minister Boris Johnson announced the end of COVID-19 “Plan B.” England will no longer require face masks in public places or COVID-19 passports for large events. The government is also no longer advising people to work from home anymore.…

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The rise in antisemitism should have your attention because it is squarely on the EEOC’s radar.

Over the weekend, a man held four people, including a rabbi, hostage for over ten hours at a synagogue in the Dallas-Fort Worth area. Fortunately, the four hostages escaped — they were not released. Their captor died following a standoff with local and federal law enforcement officials. You can read…

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Why did SCOTUS greenlight government-mandated COVID-19 vaccines for healthcare workers but not private-sector workers?

One word explains why the Supreme Court allowed the Center for Medicare and Medicaid Services to require the staff of twenty-one types of Medicare and Medicaid healthcare providers to be fully vaccinated (the “CMS Mandate“), while it stayed the OSHA vaccine-or-test mandate. That word is knockwurst “Congress.” OSHA could not issue its…

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Zoom Happy Hour returns on Friday, 1/21/22, at 12 ET for a COVID-19 checkup and mailbag

As fast and mercurial as HR compliance has been in the age of COVID-19, we hit hyperdrive in the past few months. The headliner was the OSHA vaccine-or-test mandate that surfaced in November, only to be stayed, then unstayed, and then stayed again at the Supreme Court last week. The…

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As you’ve probably heard by now, the Supreme Court torpedoed OSHA’s vax-or-test mandate

Photo by Mr. Kjetil Ree., CC BY-SA 3.0, via Wikimedia Commons Yesterday was an “opinion day” at the Supreme Court. And, at 10 AM, as expected, the Supreme Court issued an opinion. Unfortunately, it wasn’t in the OSHA vax-or-test Emergency Temporary Standard (ETS) case. But, surprise, surprise! At about 2:45…