October 3, 2022

Volume XII, Number 276

Advertisement

October 03, 2022

Subscribe to Latest Legal News and Analysis

OSHA Mandate Is Back After Court Lifts Stay

In early November, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) which imposed minimum COVID vaccination, vaccination verification, face covering, and testing requirements for private employers with 100 or more employees. The ETS mandate was almost immediately stayed as a result of multiple legal challenges, and the mandate and employers have been in limbo since then. 

Late Friday, the Sixth Circuit Court of Appeals reinstated the OSHA mandate – effective immediately. However, OSHA announced that it “will not issue citations for non-compliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

This ruling has already been appealed, and the issue will ultimately be decided by the Supreme Court. Given the complex constitutional and procedural issues, it is impossible to predict with any certainty what the Supreme Court will do, so employers should immediately take steps to comply by the revised deadlines.   

Florida employers need to consider the recent Florida law passed after the OSHA mandate that requires employers to allow additional employee “exceptions” / “opt-outs” to vaccine mandates. On its face, the OSHA mandate states that it preempts and controls any state or local law that conflicts with it, but this too will be subject to legal challenges.

© 2007-2022 Hill Ward Henderson, All Rights ReservedNational Law Review, Volume XI, Number 354
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Gordan Hill Employment Litigator Hill Ward Henderson
Shareholder

Gordon is a Shareholder in the firm’s Litigation and Employment Law Groups, and is the firm's Assistant General Counsel for Labor and Employment matters. His practice primarily involves employment litigation and counseling, as well as noncompete litigation and general commercial litigation.

In his employment practice, Gordon advises, represents and defends corporate clients in a broad spectrum of employment-related issues. Gordon has successfully defended clients in a wide variety of employment-related litigation, but...

813.222.8506
Robert A. Shimberg Commercial Litigation Attorney Hill Ward Henderson
Shareholder

Robert is a Shareholder in the firm's Litigation Group. His primary practice areas include commercial litigation, corporate compliance, cybersecurity, governmental relations and corporate investigations. He was formerly a prosecutor with the Hillsborough County State Attorney's Office.

Robert has provided compliance-related services and training to over 300 businesses around the country. He has defended businesses against consumer claims, class action lawsuits, and provided representation in connection with government agency inquiries and investigations and...

813.227.8469
Kirsten Vignec Employee Benefits Attorney HIll Ward Henderson
Shareholder

Kirsten is a Shareholder in the firm's Corporate & Tax Group and practice co-chair of the Executive Compensation & Employee Benefits Group. Kirsten’s practice involves employee benefit matters associated with the design and ongoing administration of executive deferred compensation plans, welfare benefit plans, Section 401(k) plans, profit sharing plans, and pension plans. Kirsten represents tax-exempt entities, for-profit, private, and publicly-traded companies.

Kirsten represents clients before the IRS, DOL, and the PBGC with respect to employee benefits matters.

She...

813.222.8731
Jeff Wilcox Litigation Attorney Hill Ward Henderson Law Firm
Shareholder

Jeff is a Shareholder in the firm’s Litigation Group. His practice primarily focuses on employment law, including wage-hour compliance, FMLA and ADA compliance, allegations of discrimination and harassment, non-compete litigation, and handbook and policy drafting. 

Jeff is active in both professional and Bar-related activities.  He currently serves as a Director on the Hillsborough County Bar Association, Young Lawyers Division Board, and is a member of the Employment and Labor Law Committee in the Defense Research Institute.  In 2014, Jeff received the Hillsborough County Bar...

813.222.8725
Ryan M. Guerin - Associate HWH Law complex commercial litigation labor and employment
Associate

Ryan is an associate in the firm’s Litigation group. His practice primarily focuses in the area of labor and employment. Ryan also covers an array of general and complex commercial litigation matters.

Ryan represents employers in litigation involving claims of employment harassment, discrimination, retaliation, leave laws, wage and hour laws, whistleblower laws, enforcement of and defense against non-solicitation and non-competition agreements, background check laws, and other employment-related claims. Ryan represents numerous industries, including clients...

813-222-8503
Advertisement
Advertisement
Advertisement