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Employer On the Hook for “Workplace” Injury During Employee’s Quick Trip to the Store During Unscheduled, Paid Rest Break

A Pennsylvania employee was still clocked in when he crossed the street to buy a sandwich during an unauthorized rest break. While offsite during the unscheduled rest break, the employee slipped on ice, fell, and hit his head, causing serious injuries.

Breaking News! U.S. Supreme Court Blocks OSHA Vaccine-or-Test Rule

The United States Supreme Court has entered a “stay” blocking OSHA’s Emergency Temporary Standard (ETS) requiring that employers with 100+ workers require full vaccination against COVID-19 or weekly testing plus face coverings for onsite workers.

OSHA Updates Guidance re Weekly COVID-19 Testing of Unvaccinated, Onsite Employees

As we initially reported here, OSHA published the highly anticipated Emergency Temporary Standard (ETS) requiring full COVID-19 vaccination or weekly testing plus face coverings for onsite, unvaccinated workers of businesses with 100+ employees. Since OSHA’s publication on November 4, 2021, it’s been like watching an Olympic ping-pong match: blink and you’re behind.

Put Down That Eggnog: OSHA’s Vaccine-or-Test Requirement is Back in Play

On Friday night, December 17, 2021, the Sixth Circuit Court of Appeals lifted the legal “stay” on the OSHA emergency temporary standard (ETS) requiring employers with 100+ employees to ensure in-person workers are either: (1) fully vaccinated against COVID-19 or (2) test weekly and wear masks when not in a floor-to-ceiling isolated space.  

5th Circuit Federal Appeals Court STOPS OSHA’s ETS—Now What?

On Saturday, November 6, 2021, the federal Fifth Circuit Court of Appeals (covering Texas, Louisiana, and Mississippi) entered an Order granting a temporary stay blocking the implementation of OSHA’s Emergency Temporary Standard (ETS) COVID-19 rules. The extensive OSHA rules were published in the Federal Register on Friday, November 5, 2021.  

Breaking News—OSHA’s ETS Requiring Employee Vaccines and/or Testing For COVID-19 Is Here!

Today, November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated Emergency Temporary Standard (ETS) requiring all businesses with at least 100 employees company-wide to mandate that their in-office employees get vaccinated against COVID-19 or wear a mask and test for COVID-19 on at least a weekly basis.  

Halloween Horror - Hunstein Part II Issued With Same Result

Today, the 11th Circuit Court of Appeals issued a much anticipated decision. This decision was a result of the petition for rehearing that has been pending for months, as well as the Supreme Court’s decision in TransUnion v. Ramirez. The short of it: the panel vacated the prior Hunstein decision, issued a substituted decision, but then reached the same result.

EEOC Releases Updated Guidance on Religious Accommodations and the COVID-19 Vaccine

As we await OSHA’s highly anticipated Emergency Temporary Standard (ETS) requiring employers to implement COVID-19 “vaccine-or-test” policies, the Equal Employment Opportunities Commission (EEOC) recently updated its COVID-19 FAQ guidance on workplace vaccines and religious accommodations. 

More Article III Standing Decisions On “Hunstein” Claims

Two recent district court decisions from Illinois and Kansas held plaintiffs’ Hunstein claims could not proceed in federal court because the claims, as alleged, failed to demonstrate an injury-in-fact sufficient for Article III jurisdiction. 

New York Sneaks In New Debt Collector Disclosure Requirement As Of November 7, 2021

New York’s new governor signed a new law, S737, that has a new requirement that debt collectors (and “principal creditors,” a term which is not defined) disclose, in the initial communication, that the consumer can request communications in an alternative format such as large print, braille or an audio compact disk. 

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