Womble Employment Law Blog

  In the ongoing legal battle over the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”), a federal appeals court has given OSHA authority—for now—to move forward with enforcement.  The core of the ETS is the requirement that employers with more than 100 employees must implement and enforce a policy that mandates that employees be fully vaccinated against COVID-19 by January 4, 2022 or to submit to weekly COVID-19 testing and wear a mask.   However, in light of the numerous legal challenges and the uncertainties caused by the conflicting decisions in federal court, OSHA has stated that it will exercise its “enforcement discretion” to give employers some additional time to comply with deadlines published in the original ETS.  OSHA states that it will not issue any citations for non-compliance with ETS requirements before January 10, 2022, and will not issue citations before February 9, 202...

On November 5, 2021, the U.S. Occupational Safety and Health Administration published its anticipated emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”). Citing the “grave danger” posed by the virus to unvaccinated employees in the workplace, the headline-grabbing core of the ETS is the requirement that covered employers must implement and enforce a policy that mandates that employees be fully vaccinated against COVID-19 by January 4, 2022 or to submit to weekly COVID-19 testing and wear a mask.   The ETS stated that it was to take effect immediately, i.e ., when it was issued on November 5, 2021.   However, numerous legal challenges to the ETS were filed in federal courts across the country on the same day it was issued.   The challengers in the legal cases asserted, among other things, that the ETS is not valid because OSHA did not have the authority to issue the ETS and that it is unconstitutional. In one of those challenges, the ...

Join our Webinar to discuss the Families First Coronavirus Response Act, including its new paid leave requirements, tax credits, and frequently asked questions.  The webinar will be at 1 PM ET on March 23, 2020.  There is no cost for this timely presentation.  Resister here . The Act goes into effect on April 2, 2020 and will impact private employers with 500 or fewer employees and all public employers as they navigate the sweeping effects of COVID-19. During this webinar, we will will cover topics including:  Employer and employee coverage under the Act Emergency Paid Sick Leave Emergency Family and Medical Leave Expansion Act  Calculating the correct pay rates during paid leave Tax credits for Paid Sick and Paid FMLA Leave Frequently asked questions

At Womble, we are working closely with our clients as they seek to address the enormous business and legal issues arising from COVID-19.  Our teams have put together a hub collecting our up-to-date legal alerts and guidance for businesses across sectors and across the US and abroad.  The hub, with links to articles, events, and resources, can be found here .  Our thoughts are with all individuals, families, and businesses impacted by these challenging times.