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Employment Law This Week: Vaccine Mandate Compliance for Large Employers, Unionized Employers, and Health Care Providers [VIDEO]

As featured in #WorkforceWednesday:  This week, we look at the next steps large employers and health care providers need to take to comply with vaccine mandate rules applicable to their organizations.

OSHA ETS: Next Steps for Large Employers

Large employers, those with 100 or more employees, are beginning preparations to comply with the Occupational Safety and Health Administration’s (OSHA’s) vaccine-or-test emergency temporary standard (ETS). Attorney Fran DeLuca tells us more about the steps employers should be taking now, despite challenges currently making their way through the courts. Just yesterday, the Judicial Panel on Multidistrict Litigation selected the Sixth Circuit to consolidate and review petitions filed in 12 circuit courts of appeals. See video below.

NLRB Says OSHA ETS May Trigger Duty to Bargain

Last week, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo indicating employers may have a duty to bargain over their decision and the effects of implementing the requirements of the OSHA ETS. Attorney Erin Schaefer tells us more about how the ETS uniquely affects unionized workplaces. Read more about the memoSee video 1 below.

CMS Vaccine Rule for Health Care Workers

The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers. Attorney Frank Morris discusses the next steps for health care providers. In addition, covered employers should continue to monitor the recent litigation filed in the Eastern District of Missouri and the Western District of Louisiana seeking to permanently enjoin the CMS interim final rule. See Video 2 Below

Video 1

Video 2


©2023 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 321

About this Author

George Carroll Whipple III, Epstein Becker Green, Workforce Management Lawyer, Hiring Matters Attorney

GEORGE CARROLL WHIPPLE, III, is a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the New York office of Epstein Becker Green. He hosts the firm's innovative weekly video program, Employment Law This Week.

Mr. Whipple:

  • Counsels employers on workplace issues, including hiring and promotion, firing and discipline, wage and hour, and the implementation of employment policies, to ensure compliance with federal and state laws

  • ...
Francesco DeLuca Labor Employment Attorney Epstein Becker Law Firm Boston
Senior Counsel

Resolving labor and employment disputes is at the heart of Fran DeLuca’s practice. Employers in the financial services, technology, health care, life sciences, and manufacturing industries rely on Fran to represent them in state and federal courts and before administrative agencies in a wide array of disputes, including cases involving sensitive allegations of discrimination and harassment, high-stakes wage and hour class actions, and unfair competition matters. Regardless of the type of case, Fran develops creative and practical litigation strategies to reduce or...


A skilled advisor, negotiator, and advocate, Erin Schaefer helps employers solve their labor management relations workforce problems. Drawing her experience as a field attorney for the National Labor Relations Board (NLRB), Erin assists clients in negotiating collective bargaining agreements, managing union organizing and other labor relations issues, and resolving their labor disputes. Employers rely on Erin to represent them in unfair labor practice proceedings, grievance and arbitration hearings, government investigations, and related litigation in state and federal...

Frank Morris, Health Care Attorney, Epstein Becker Law Firm
Member of the Firm

FRANK C. MORRIS, JR., is a Member of the Firm in the Litigation and Employee Benefits practices, heads the Labor and Employment practice in the Washington, DC, office, and co-chairs the firm's ADA and Public Accommodations Group.

Mr. Morris' experience includes:

  • Advising clients on and litigating employment, labor, disabilities, non-compete, confidentiality, benefits, information access and privacy, wage and hour, and general litigation matters in state and federal courts and administrative agencies...