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Melanie L. PaulBlog Posts

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Sixth Circuit Gives Employers Lump of Coal for Christmas, Dissolves Stay of OSHA Vaccine ETS

The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with at least 100 employees. Multiple parties, including 27 states, have filed emergency motions with the U.S. Supreme Court to block...
December 18, 2021

Sixth Circuit Dissolves Stay of OSHA COVID-19 Vaccine ETS

The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the OSHA ETS on COVID-19 vaccination and testing for employers with at least 100 employees. Read more. Continue Reading…
December 18, 2021

Will Some State Plans Defy OSHA’s COVID-19 Vaccination, Testing Emergency Temporary Standard?

If President Biden’s OSHA ETS goes forward, nearly half the states have the option of going their own way. Read more. Continue Reading…
December 17, 2021

Will Some State Plans Defy OSHA’s COVID-19 Vaccination, Testing Emergency Temporary Standard?

If President Joe Biden’s Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) vaccine or testing mandate for employers goes forward, nearly half the states have the option of going their own way. To read this article in its entirety, please click here.
December 13, 2021

Sixth Circuit Deals Blow to OSHA’s Proposed Expedited Briefing Schedule, Says it Will Keep ETS Case

In what is getting to be habit in the OSHA ETS litigation with courts issuing orders late Friday afternoons, the Sixth Circuit on December 3, 2021 tersely denied a petition to transfer the case back to the Fifth Circuit.  In the same order, the Sixth Circuit also denied, without explanation, the union petitioners’ bid to...
December 3, 2021

Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review

As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion. Read more. Continue Reading…
December 2, 2021

Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges

Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in that it is an “unprecedented mandate of COVID-19 vaccines based on a rarely used law of questionable applicability.” Bentkey Servs.,... Continue Reading…
December 2, 2021

Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review

As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion requesting that the 6th Circuit transfer all of the consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better equipped to handle the matter.  The United Food and Commercial Workers International Union, AFL/CIO-CLC and the American...
November 30, 2021

Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges

Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in that it is an “unprecedented mandate of COVID vaccines based on a rarely used law of questionable applicability.”...
November 22, 2021

Fate of OSHA’s COVID-19 Vaccine ETS in the Hands of Sixth Circuit Court

The U.S. Court of Appeals for the Sixth Circuit will decide the merits of the challenges to the OSHA COVID-19 vaccine Emergency Temporary Standard. Read more. Continue Reading…
November 22, 2021

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