Protecting Employers Since 1985

Supreme Court Lifts Injunction on DHHS Vaccine Mandate for Recipients of Medicare and Medicaid Funding

By Alan E. Seneczko / January 13, 2022

In a companion decision to its ruling on the OSHA vaccine mandate, the Supreme Court issued another stay – but this one on injunctions that had been issued enjoining regulations issued by the Secretary of Health and Human Services mandating that recipients of Medicare and Medicaid funding (e.g., hospitals, outpatient rehabilitation facilities, skilled nursing facilities,…

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Supreme Court Puts Skids on OSHA Vaccine Mandate

By Alan E. Seneczko / January 13, 2022

In a decision released this afternoon, the Supreme Court put a halt to the OSHA Emergency Temporary Standard that requires employers with 100 or more employees to implement a mandatory vaccine policy, under which employees must either be vaccinated for COVID or undergo weekly testing at their own expense, on their own time, or be…

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OSHA Vaccine Mandate Back On

By Alan E. Seneczko / December 20, 2021

In the on-again-off-again legal environment surrounding the OSHA vaccine mandate, on Friday, December 17, 2021 the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay of OSHA vaccine mandate and reinstated the Emergency Temporary Standard (ETS). The ETS, which requires employers with 100 or more employees to implement and enforce a mandatory vaccine policy…

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OSHA Suspends Enforcement of Vaccine Mandate

By Alan E. Seneczko / November 18, 2021

On November 17, 2021, OSHA announced that, given the decision of the Fifth Circuit, it is suspending enforcement of its COVID vaccine mandate: On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86…

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OSHA Vaccine Mandate Future In Doubt

By Alan E. Seneczko / November 17, 2021

“IT IS ORDERED that OSHA take no steps to implement or enforce the [vaccine] Mandate until further court order.” In a decision highly critical of OSHA’s November 5, 2021 Emergency Temporary Standard (“ETS”), which mandates that all employers with 100 or more employees “develop, implement and enforce a mandatory COVID-19 vaccine policy,” on November 12,…

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OSHA Issues Vaccine Mandate

By Alan E. Seneczko / November 4, 2021

This morning the Occupational Safety and Health Administration announced the issuance of its much anticipated, highly controversial COVID vaccine mandate. The Emergency Temporary Standard, to be published in tomorrow’s Federal Register, becomes effective on publication. Employers are required to comply with its requirements within 30 days, except for the mandatory vaccines, which must be completed…

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DOL Rolls Out Regulations Implementing FFCRA Obligations

By Alan E. Seneczko / April 1, 2020

Earlier this afternoon, the DOL issued temporary regulations, effective immediately, implementing and interpreting the paid sick leave and emergency family leave provisions of the FFCRA. Although the rules largely mimic the information provided in the FAQs, they now have the force and effect of law. Some additional clarifications: Paid sick leave and/or EFMLA is not…

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DOL Provides Additional Guidance on FFCRA Obligations

By Alan E. Seneczko / March 30, 2020

Late Friday, March 27, and again on Saturday, March 28, the Department of Labor added a number of FAQs to its March 24 guidance. Here are some of the highlights, including guidance relating to business closures and layoffs, as well as the relation between emergency public health leave and other leave under the FMLA: Paid…

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US Department of Labor Issues New Guidelines for Employers on COVID-19

By Alan E. Seneczko / March 25, 2020

The U.S. Department of Labor has just issued a number of FAQs to clarify an employer’s obligations under the Paid Sick Leave and Expanded Family Leave provisions of the Families First Coronavirus Response Act. A few of the more helpful clarifications are summarized below: The paid leave provisions of the FFCRA become effective April 1,…

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FFCRA Poster Now Available

By Alan E. Seneczko / March 25, 2020

As you are likely aware, the FFCRA requires employers to post a notice explaining the requirements of the new law – but did not have a poster available. It now does. Here are links to both the poster and FAQs concerning it (which includes helpful questions like where/how to post if your employees are all…

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