On November 6, 2021, the US Court of Appeals for the Fifth Circuit temporarily blocked the Emergency Temporary Standard (ETS) issued on November 4, 2021, by the Occupational Safety and Health Administration (OSHA) requiring employers with 100 or more employees to implement COVID-19 vaccination policies. The ETS is stayed until further notice, halting its implementation temporarily. While the future of the ETS remains uncertain, employers may want to continue preparing for the ETS as if it is going to take effect while litigation continues.
Federal Appeals Court Temporarily Blocks New OSHA Rule
By Abigail M. Kagan, Dawn Peacock, Michelle S. Strowhiro, Sandra M. DiVarco and Kristen O'Brien on November 9, 2021
Tags: Biden administration, CMS, COVID-19, Emergency Temporary Standard, employees, employers, ETS, federal contractors, health plan, medical plan, Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, OSHA, testing, The Centers for Medicare and Medicaid Services, US Court of Appeals for the Fifth Circuit, US Occupational Safety and Health Administration, vaccination, workplace
Abigail M. KaganAbigail M. Kagan focuses her practice on employment law, with particular experience in conducting transactional due diligence, defending single-plaintiff, class and collective actions, second-chairing labor negotiations, and drafting personnel policies and other employment documents. She has advised clients on EEO concerns, the gig economy, data privacy, leaves of absence, reductions in force, wage and hour audits, unemployment insurance, short-term disability, restrictive covenants, and NLRA application to non-union members. Read Abigail Kagan's full bio.
Dawn PeacockDawn M. Peacock is an employment advisor and litigator. She regularly defends employers in all phases of single-plaintiff and class action litigation in state and federal court. Dawn also regularly handles employment-related agency matters. Her practice focuses on discrimination and retaliation. She has particular experience with claims brought under the ADA, ADEA, Illinois Biometric Information Privacy Act and data protection laws. Read Dawn Peacock's full bio.
Michelle S. StrowhiroMichelle S. Strowhiro is an employment advisor and litigator. She provides trusted counsel to US and international companies on all aspects of employment law compliance. Michelle partners with clients to establish and maintain their strong and lawful employment policies and practices; manage their employee relationships from hire to termination; conduct workplace investigations; administer leaves and other workplace accommodations; and resolve disputes. She provides manager and employee trainings on management and sexual harassment. She regularly prepares and negotiates agreements, and advises companies on employment law issues for mergers and acquisitions. Michelle works with clients in the technology, fashion, food and restaurant, health care, sports, media and entertainment industries. Read Michelle Strowhiro's full bio.
Sandra M. DiVarcoSandra (Sandy) M. DiVarco focuses her practice on the representation of hospitals and health systems. She has counseled health care facility and system clients regarding all aspects of health law transactions and health system restructurings. Read Sandra DiVarco's full bio.
Kristen O'BrienKristen O’Brien is an accomplished healthcare executive with a deep understanding of regulatory advocacy and healthcare policy efforts. Kristen offers a strong background and a keen eye for solutions to barriers and challenges impacting healthcare clients. With more than 10 years of experience, her work focuses on implementing new laws through the rulemaking process, as well as working with relevant agency officials to develop and improve agency guidance. Read Kristen O’Brien's full bio.
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