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Labor & Employment Blog

Labor & Employment Blawg

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The Labor & Employment Blog provides employers with breaking news, insights, and legal analysis on the wide range of labor and employment issues facing employers and businesses.  While the Blog provides a general summary of regulation updates, it is not intended to be, and should not be relied upon as, legal advice.  The labor & employment attorneys at Chamberlain Hrdlicka stand ready to counsel employers on the issues they face.

Larry Carbo, Shareholder and Co-Chair

Diana Perez Gomez, Shareholder and Co-Chair

Julie Offerman, Shareholder

Kellen Scott, Shareholder

Leslie Tan, Senior Counsel

Elizabeth Feeney, Associate

AmyJo "AJ" Foreman, Associate

Lucas Meng, Associate

Hannah Strawser, Associate

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Posts from November 2021.

Shortly after Chamberlain Hrdlicka’s update concerning the vaccine-or-test Emergency Temporary Standard (“ETS”) that the Occupational Safety and Health Administration (“OSHA”) announced for employers with 100 or more employees, the Fifth Circuit Court of Appeals stayed enforcement of the ETS. The three-judge panel noted the legal filings “give cause to believe there are grave statutory and constitutional issues” with the ETS. The Fifth Circuit’s stay is in place while the Court considers a motion to permanently stop the ETS from taking effect. The ...

The Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (“ETS”) for COVID-19 Vaccination and Testing on November 3, 2021, which applies to most employers with 100 or more employees. OSHA may issue an ETS when it determines workers are in grave danger due to exposure to toxic substances, agents, or new hazards.

What does the ETS require?

Covered employers are required to implement a mandatory vaccination policy. Alternatively, employers may implement a policy providing all employees the option to be fully vaccinated or to ...