Even though the calendar has not even turned to February, we already have seen major updates on the federal government’s COVID-19 rules and guidance.  This past week proved no different.  On Friday, January 21, 2022, a Texas federal judge blocked, on a nationwide basis, President Biden’s executive order mandating that federal workers get a COVID-19

The United States Supreme Court (“SCOTUS”) issued its decisions on the Biden Administration’s testing and vaccination mandates earlier today. The court was divided in both cases. The court ruled 6-3 in blocking the Occupational Health and Safety Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) which required that employers with 100 or more employees require employees to

Did the federal government overreach when it issued emergency rules forcing employers to impose vaccine mandates? The United States Supreme Court will take up that important question today when it examines emergency COVID-19 vaccine rules issued by the Occupational Safety and Health Administration and the Centers for Medicare & Medicaid Services.

The Supreme Court

Since the start of the pandemic, much of the discourse regarding COVID-19 and workers’ compensation has centered around questions of compensability—that is, under what circumstances contraction of COVID-19 can qualify as a compensable workers’ compensation claim, what types of benefits are available for covered employees, and what types of defenses employers may have at their

A recent barrage of federal injunctions has caused substantial confusion for employers who were preparing to comply with federal vaccine mandates, including mandates involving OSHA, CMS and federal contractors. As a result, many covered employers are re-evaluating their plans to take the following points into consideration:

  1. The federal injunctions stop the government from forcing certain

As we all know by now, on November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to protect workers in businesses with more than 100 employees from the Coronavirus, and on November 6, 2021, the Fifth Circuit Court of Appeals stayed enforcement of the ETS. B.S.T. Holdings, LLC,

I. Introduction
Today, less than two months after receiving the directive from President Biden, OSHA released its Emergency Temporary Standard that will affect two-thirds of the nation’s private workforce.

While most of the 490-page document includes detailed legal and scientific discussion (presumably in an effort to pre-empt expected legal challenges), the 15 or so pages

On September 24, 2021, the Biden Administration’s Safer Federal Workforce Task Force issued Covid-19 workplace safety guidance for federal contractors and subcontractors. The 14-page guidance provides that “covered contractor employees” must be fully vaccinated by December 8, 2021, unless a religious or medical exemption applies. There is no testing option for employees who choose not