Today the U.S. Supreme Court halted the OSHA vaccine-or-test Emergency Temporary Standard (ETS), reinstating the stay of the ETS by a 6-3 majority. The majority held that the ETS was more properly characterized as a broad public health measure than a workplace safety standard, and that it was therefore outside the authority that had been […]
Today the U.S. Supreme Court upheld the CMS vaccine mandate that applies to certain healthcare facilities. (The mandate had previously been enjoined in half the country, though in effect in Michigan.) The CMS mandate requires vaccination for in-person employees of Medicare- and Medicaid-certified healthcare providers and suppliers that are regulated under certain Medicare health and […]
On January 10, 2022, the Departments of Health and Human Services, Labor, and Treasury (the “Departments”) issued new guidance in the form of six FAQs regarding the requirement that health plans, including employer-sponsored group health plans, must cover the cost of certain at-home COVID-19 tests. This requirement applies for at-home tests purchased on or after […]
Today, January 6, 2022, the Michigan Department of Labor and Economic Opportunity (LEO) confirmed that it has not yet adopted the OSHA 100+ employee vaccine-or-test ETS, and the agency indicated that it is not likely to do so before Monday, January 10—federal OSHA’s initial compliance deadline for the ETS. This means that Michigan employers likely […]
Yesterday evening, December 27, 2021, the CDC changed its recommendations for isolation and quarantine periods for the general public. In Michigan, COVID-related job-protected leave is tied directly to the CDC guidelines. Therefore, employers should pay careful attention to these changes, as they allow employees to return to work sooner. For the quarantine period after exposure, […]
Yesterday marked the expiration of OSHA’s Healthcare ETS, which had originally gone into effect June 21, 2021. Significantly for our healthcare clients, the expiration of the Healthcare ETS means that healthcare providers whom it covered are no longer automatically exempt from OSHA’s 100+ employee vaccine-or-test ETS. We will be sure to keep you updated of […]
The U.S. Supreme Court scheduled oral arguments for Friday, January 7 to hear challenges to lower court decisions on whether the OSHA 100+ Employee Vaccination and Testing Emergency Temporary Standard (ETS) and the CMS vaccine mandate should be stayed pending full review of the merits. A ruling from the Supreme Court is likely soon after […]
Yesterday, December 20, 2021, the Supreme Court of the United States (Supreme Court) requested briefing from the federal government on the multiple challenges against the OSHA 100+ Employee Vaccination and Testing Emergency Temporary Standard (ETS). The rule had been reinstated Friday by a divided three-judge panel of the Sixth Circuit Court of Appeals. The briefs […]
Late yesterday, December 17, 2021, a divided three-judge panel of the Sixth Circuit Court of Appeals lifted the stay on OSHA’s 100+ Employee Vaccination and Testing Emergency Temporary Standard (ETS). The ETS requires workers at companies with 100 or more employees to be vaccinated against Covid-19 or undergo weekly testing. The panel found that the […]
Yesterday the Office of Management and Budget (OMB) released guidance regarding the federal government’s compliance with the nationwide injunction issued Tuesday by a federal district court in Georgia that stopped enforcement of the federal contractor vaccine mandate. The OMB guidance, as reported on the Safer Federal Workforce Task Force’s website, confirms that for existing contracts […]
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