The United States Supreme Court yesterday blocked the Biden administration‘s enforcement of a requirement that employees at large businesses be vaccinated against COVID-19 or undergo weekly testing and wear a mask.

How did we get here?

The Occupational Safety and Health Administration (“OSHA”) was gearing up to implement a vaccine-or-test requirement for staff at any

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Order that dissolved the stay issued by the U.S. Court of Appeals for the Fifth Circuit on the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”).  As we previously reported, the ETS requires all employers with a

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an order staying the implementation and enforcement of the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”).  This order affirmed the Fifth Circuit’s original November 6, 2021 order, which granted petitioners’ emergency motion to stay the ETS pending

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”), 86 Fed. Reg. 61402, which requires employers with a total of 100 or more employees to develop, implement and enforce a mandatory COVID-19 vaccination policy or choose to subject employees who decline the vaccine to weekly testing.

The

With talk of reopening states and getting back to work emerging amid the ongoing COVID-19 pandemic, the United States Equal Employment Opportunity Commission (“EEOC”) announced that employers may test for COVID-19 without violating the Americans with Disabilities Act (“ADA”). In COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC provides that