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Get Ready–the U.S. Supreme Court is Going to Hear Arguments on the OSHA ETS and the CMS Vaccine Mandate

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Yesterday, the U.S. Supreme Court announced that it will hold a special session on January 7, 2022 to hear arguments regarding whether to stay the OSHA Emergency Temporary Standard (ETS) vaccine or test rule and the Center for Medicare and Medicaid Services (CMS) vaccine mandate for healthcare workers. It is unusual for the Court to hear arguments (rather...
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What Is the Status of the Federal Vaccine Mandates?

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Legal challenges to the Biden Administration’s COVID-19 vaccine mandates are working their way quickly through the federal court system. With new rulings being issued on days, nights and weekends, it is hard to keep with which mandates are stayed and which are not. So here is a quick overview of where we are right now:
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When is COVID-19 Considered a “Disability” Under the ADA?

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Today, the EEOC issued some new guidance that purports to clarify circumstances in which COVID-19 may or may not cause effects sufficient to meet the definition of “actual” or “record of” a disability for various purposes under Title I, as well as section 501 of the Rehabilitation Act. However, finding clarity on anything related to the ADA is a challenge...
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Wimberly Lawson Law Firm Selected to Bring National Litigation over Vaccine Mandate

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On December 7, 2021, U.S. District Judge Stan Baker of the U.S. District Court for the Southern District of Georgia, granted a nationwide injunction staying enforcement of the federal government contractor vaccine mandate. The law firm of Wimberly, Lawson, Steckel, Schneider & Stine, P.C. represented the Associated Builders and Contractors (ABC), a tr...
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Update on the COVID ETS: It Has Been Stayed. But for How Long?

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As noted in my blog post last week, it was expected that there would be many challenges to the COVID Emergency Temporary Standard (ETS). Those challenges were filed very quickly, and on Saturday, the Fifth Circuit Court of Appeals stayed enforcement of the ETS based on “grave statutory and constitutional issues.”
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Does Your Company Need to Comply with Vaccine and Safety Protocols Applicable to Federal Contractors?

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On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which directs executive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. § 102(4)(A), to ensure that covered contracts and contract-li...
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The OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard is Here — What You need to Know

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The Biden Administration promised us a COVID-19 vaccine mandate, and today it arrived for private employers of 100 or more employees. [There is also a mandate for federal contractors and another for healthcare workers, but we are not going to talk about those in this post.] The Occupational Safety and Health Administration (OSHA) issued an emergency temp...
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The EEOC Updated Its COVID Vaccination Guidance and Confirmed What We Already Knew About Political Objections to Vaccination

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Yesterday, the EEOC updated its Guidance regarding COVID-19, specifically addressing employee religious objections to employer vaccination policies. What we learned is something we pretty much already knew; at least, it is the advice that we have been giving to clients, namely, that a political objection to vaccination is not protected by Title VII.
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What Are the Top Ten Cited Violations By OSHA?

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Everybody likes a good Top Ten list, and those of us who follow OSHA like to know what types of violations make it to OSHA’s Top Ten list. So here we go–the following are the Top Ten Most Cited Violations by OSHA in 2021:
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Dealing With Religious Objections to a COVID-19 Vaccine Requirement

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In our discussions of rules mandating COVID-19 vaccines, we’ve mentioned the two possible exemptions to a vaccine requirement: disability and religion. Let’s break down the religious exemption. Under Title VII of the 1964 Civil Rights Act, a covered employer is required to “reasonably accommodate” an employee’s sincerely held religious beliefs or practic...
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Protected Concerted Activity in the Era of COVID-19: What Employers Need to Know

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The National Labor Relations Board (NLRB) is one of the federal agencies that many employers do not have on their radar. The NLRB is most closely associated with union organizing efforts and collective bargaining agreements between unions and companies. In 2020, only 10.8 percent of wage and salary workers in the US were members of unions (according to th...
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