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…
The Employer Handbook Blog
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…
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…
OSHA updated its COVID-19 Vaccination and Testing ETS Frequently Asked Questions.
Perhaps it was the Philadelphia Eagles 34-10 thrashing of the New York Giants yesterday, or maybe it’s just my love for employment law blogging — nah, probably the former — that has energized me to add a post today during the final week of 2021. I was on OSHA’s website…
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…
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…
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…
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…
Why is the employment lawyer blogging late on a Friday night? (Hint: ⚖️💉🤯)
I’ll get to my dessert in a bit. And, no, that’s not why I’m blogging tonight. It’s because I love my readers — again, not the alcohol talking — and I thought you should know that the Sixth Circuit Court of Appeals has — get this — DISSOLVED the stay…
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…