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The Employer Handbook Blog

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These were the most popular employment law blog posts of 2021

If it had anything to do with COVID-19 vaccination mandates, y’all were reading. That and the third-most-read post, which leaves me wondering whether I should be taking out a restraining order against some of you. Here are the most-read posts from 2021: 5. “And just like that, the CMS vaccine…

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This employer provided a flu shot accommodation that DID NOT work. And it still WON the lawsuit. HOW?!?

Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful. Instead, it’s about doing what’s reasonable based on the information available at the time. I’ll explain. Here is a recent…

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Heads up, employers! The CDC shortened its recommended COVID-19 isolation and quarantine periods.

Here’s some big news for workplaces. (Looks like I’ll be a busy dude this week updating employer COVID-19 workplace policies and procedures.) Yesterday, the Centers for Disease Control and Prevention (CDC) announced that it is shortening the recommended time for isolation from ten days for people with COVID-19 to five…

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The Supreme Court will not rule on OSHA’s vax-or-test mandate until after it takes effect on Jan. 4

When the Sixth Circuit breathed new life into OSHA’s vaccine-or-test Emergency Temporary Standard (ETS), the January 4, 2022 compliance deadline became real again. Then, as I mentioned yesterday, various petitioners peppered the Supreme Court with appeals to block the ETS again. Then, last night, the Supreme Court announced that it…

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Let’s play a game. How well do you know your state’s stance on OSHA’s COVID-19 vax-or-test mandate?

The ink is barely dry from Friday’s Sixth Circuit 2-1 decision to lift the stay of OSHA’s vaccine-or-test COVID-19 Emergency Temporary Standard (ETS). And petitions to block the mandate are flying into the Supreme Court. Among the filers are more than half the United States of America — 27 to…

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Meanwhile, another federal appellate court refused to lift the nationwide stay of the federal contractor vaccine mandate

“Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” Ferris Bueller was on to something there. In just the past seven days, we had the Sixth Circuit Court of Appeals deny a request to have the entire court decide whether…

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Why might OSHA’s vax-or-test mandate be legal after all? And what should employers be doing about it?

ICYMI, on Friday evening, the Sixth Circuit Court of Appeals dissolved the stay of OSHA’s vax-or-test Emergency Temporary Standard (ETS). You can read a copy of the full opinion here. Let’s start with the second question in the title of this blog post. What should employers do now that the ETS is…

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And just like that, the CMS vaccine mandate is back on in 26 states. Ok, 25 states. Maybe.

On Wednesday, the Fifth Circuit Court of Appeals — the same federal appellate court that stayed OSHA’s vaccine-or-test Emergency Temporary Standard — breathed new life into another federal vaccine mandate. I’m talking about the Center for Medicare and Medicaid Services healthcare COVID-19 vaccine mandate (the “CMS Rule”). A few weeks…