Articles Posted in Workplace Safety / Violence

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 — especially after the beatdown that OSHA took at the Fifth Circuit.

And I was like, ” I don’t know.”

So, perhaps the best blog readers in the world can help. Continue reading

On Friday afternoon, when four of my FisherBroyles employer law partners and I were dissecting the OSHA vax-or-test Emergency Temporary Standard (ETS) on Zoom — ICYMI, you can watch the replay here on The Employer Handbook YouTube Channel (  — I asked them to raise their hand if they thought that the ETS would ultimately survive judicial scrutiny.

No one did. Continue reading

In September, the State of Arizona sued President Biden to stop his vaccination mandate for private employers. Since then, several other states have threatened to sue to stop the mandate. But, no one knows yet what exactly the OSHA Emergency Temporary Standard is going to say. So, other lawsuits against the private employer ETS have not yet followed.

However, an Executive Order requires that employees of certain federal contractors get vaccinated by early December. And that has prompted 19 states to file 4 separate lawsuits against President Biden and others to block the EO. Continue reading

Last week, business groups asked the White House to delay President Joe Biden’s COVID-19 vaccine mandate for private companies with 100+ employees “until after the holiday season.” Also, last week, labor unions asked the White House for additional worker protections beyond mandatory vaccinations.

By the end of the week, I expected that the White House would release additional information about the vaccine mandate’s scope and substance.

Nada. Well, not quite. Continue reading

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