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In plain English, here’s why the government can’t force healthcare workers to get COVID-19 shots

Image by torstensimon from Pixabay Yesterday, I mentioned briefly that a Louisiana federal judge entered a nationwide injunction against the Center for Medicare and Medicaid Services healthcare COVID-19 vaccine mandate (the “CMS Rule”). The CMS Rule requires the staff of twenty-one types of Medicare and Medicaid healthcare providers to receive one vaccine by…

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A federal court has blocked the government’s COVID-19 vaccination mandate for federal contractors

Photo Credit: Photofunia.com So much for that glass being half-full. For the government’s vaccine mandates, things are going from bad to — ah, you can read this sign. Yesterday, a Louisiana federal judge entered a nationwide injunction against the CMS healthcare COVID-19 vaccine mandate. I’ll detail that tomorrow. Today, I’ve…

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Meanwhile, the CMS healthcare COVID-19 vaccine mandate isn’t faring much better

S nova, CC BY-SA 3.0, via Wikimedia Commons What do we have here? Is that glass half-full or half-empty? A glass half-full. If you’re the Centers of Medicare and Medicaid Services (CMS), perhaps you view the glass as half-full. Why? Because on November 20, a federal court in Florida denied…

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When will the court decide whether OSHA’s vax-or-test mandate is legal?

Image by tigerlily713 from Pixabay I know. You have a business to run, and all of this uncertainty about whether OSHA can force COVID-19 vaccinations or weekly testing at companies with 100 or more employees isn’t helping. So, let’s see if we can at least clarify the timing. But, before…

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Eric, we’re just gonna wait and see what happens with the OSHA vax-or-test mandate

Survey by Adrien Coquet from the Noun Project Thank you to those of you who participated in yesterday’s OSHA vax-or-test survey. ICYMI, I asked two questions of businesses with more than 99 employees that are neither federal contractors nor subject to the CMS vaccination mandate: What, if anything, has your…

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Does your private business have more than 99 employees? Take this quick vax-or-test poll.

Image Credit: Survey by Adrien Coquet from the Noun Project Over the weekend, a colleague asked a few of us how (if?) most private employers with more than 99 employees are prepping their workplaces for the OSHA vaccine-or-test mandate in light of its uncertain fate at the Sixth Circuit —…

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See you in court, err, arbitration! SCOTUS to decide whether litigating an employment dispute first precludes arbitrating it later

Freepik, Vital Gorbachev, Smashicons edited by Bruce The Deus, CC BY-SA 4.0, via Wikimedia Commons If your company makes its employees sign arbitration agreements, then this post is for you. The rest of you can get an early start on happy hour find something else to read while sipping your…

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The EEOC updated its COVID-19 guidance again with new information on retaliation

Image Credit: finger pointing by BomSymbols from the Noun Project While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was hosting a secret “virtual dialogue” with the employer Illuminati about retaliation updating its COVID-19 Technical…

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The Sixth Circuit “won the lottery” and will decide the fate of the OSHA vax-or-test mandate

Image by Alejandro Garay from Pixabay Filed Under: Every Employment Law Blogger Will Be Blogging About This Today. That lottery I blogged about last week to decide the fate of OSHA’s emergency temporary standard (ETS) happened yesterday. The Judicial Panel on Multidistrict Litigation randomly designated one circuit from among those where…