Protecting Employers Since 1985

OSHA Vaccine Mandate – The Epilogue

By Wessels Sherman / January 31, 2022

After weeks of consternation, uncertainty and litigation, the fate of OSHA’s Emergency Temporary Standard (“ETS”), which required employers with 100 or more employees to implement mandatory COVID vaccination policies, is now sealed – and it has been done by OSHA itself. After the U.S. the Supreme Court issued its decision to stay the OSHA mandate…

Read More

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,…

Read More

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…

Read More

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…

Read More

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…

Read More

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,…

Read More

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…

Read More

Illinois Department of Labor Issues COVID-19 Vaccine Guidance to Employers

By Anthony J. Caruso Jr. / March 26, 2021

As the COVID-19 vaccine rollout continues, the Illinois Department of Labor (IDOL) issued in March 2021, the following guidance for employers. Mandatory Vaccination Programs       Wages: If an employer requires employees to get vaccinated, the time the employee spends obtaining the vaccine is likely compensable even if it is non-working time.       Paid Leave: Time…

Read More

COVID-19 Vaccine Alert for Illinois Employers: What if Your Employee Has A Reaction to the Vaccine? Who is Liable?

By Anthony J. Caruso Jr. / January 26, 2021

During this horrible pandemic, there is a concern among employees about the risk of an adverse reaction to the COVID-19 vaccine. Health care professionals are trying to alleviate these fears by emphasizing that any reaction to the COVID-19 vaccine is usually very minor or rare. The Illinois Workers’ Compensation Act, Section 11, states as follows:…

Read More

Labor Law Developments In 2020

By Walter J. Liszka / September 8, 2020

Both the State of Illinois and the City of Chicago have been very active in creating new Employment Law Employer Responsibilities in Calendar 2020: Model Training Program for Mandatory Sexual Harassment Prevention: The Illinois Department of Human Rights has released its Model Training Program for the prevention of Sexual Harassment. Under the Illinois Human Rights…

Read More

COVID-19 Resources

Stay up-to-date about developments in the Midwest.

Categories

Schedule your confidential consultation

Contact Wessels Sherman Joerg Liszka Laverty Seneczko P.C. if you would like to speak with one of our experienced labor and workplace attorneys, contact any of our four office locations and schedule a consultation.