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…
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…
“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…
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…
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…
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…
As the business community patiently awaits a ruling from the Sixth Circuit Court of Appeals on whether the Fifth Circuit correctly stayed the OSHA Emergency Temporary Standard, we did get a significant Sixth Circuit ruling yesterday. The court confirmed that the entire court will not yet decide whether the ETS is…
I was skeptical. Yesterday, at 10:17 AM, I received an emailed press release from the U.S. Equal Employment Opportunity Commission. The federal agency touted “adding a new section [to its existing COVID-19 Technical Guidance] to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities…
It depends. ‘¯\_(ツ)_/¯’ What happened? According to the British Tabloids, several people dining together contributed $100 each following dinner at a restaurant for the two waitresses who served the group. The tips totaled $4,400. Apparently, one of the diners envisioned having a “$100 club” during the pandemic and called the…
And by “this,” I mean spending a lot more on lawyers to defend a breach of contract claim from a former employee who claims that the employment agreement she signed promised a guaranteed year of employment. But you be the judge. Here’s what a poorly drafted sentence of the contract…