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...
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…
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.
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...
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…
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...
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.”...
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…
