The Supreme Court of the United States ("SCOTUS") issued two rulings related to vaccine mandates that involved the Emergency Temporary Standard (“ETS”) issued by the Occupational Safety and Health Administration’s (“OSHA”) and the vaccine mandate for health care workers.
On Friday, December 17, 2021, the Sixth Circuit Court of Appeals lifted the stay on OSHA’s Emergency Temporary Standards (“ETS”). The Court held that OSHA did not exceed its statutory authority in issuing the ETS because the Occupational Safety and Health (OSH) Act “requires OSHA to issue an emergency standard if necessary to protect workers from a ‘grave danger’ presented by ‘exposure to substances or agents determined to be toxic or physically harmful or from new hazards.’”
President Biden has ordered the Department of Labor’s Occupational Safety and Health Administration (OHSA) to develop an emergency temporary standard to address vaccination requirements for private employers. Under the administration’s six-part “Path Out of the Pandemic” action plan, there are several proposals expected to impact private employers and health care workers.
College athletes are eligible to earn compensation related to the use of their NAme, Image and Likeness (“NAIL$”). At least 10 states have in effect laws governing how NAIL$ will be regulated. Since the NCAA cannot create state or federal legislation, the NCAA simply suspended its rules regulating student athlete's eligibility regarding NAIL$ compensation.
The necessity of union representation has dwindled as working conditions have improved, federal and state laws protecting workers and ensuring fair work practices have been implemented and enforced, and the structure of the modern workplace has evolved. This article covers three steps an employer should take to implement a union free business philosophy and preserve a union free workplace.
The American Rescue Plan Act of 2021 (the “Act”) was signed into law by President Biden on March 11, 2021. The Act is a $1.9 trillion economic bill designed primarily to provide relief to workers and employers affected by the COVID-19 pandemic.
The U.S. Department of Labor (“DOL”) withdrew guidance it previously announced concerning Employers being allowed to offer some benefits to Independent Contractors without running into Employer classification issues. The rule was set to go into effect in March. It would have adopted a new standard concerning classification of Independent Contractor under the Fair Labor Standards Act (“FLSA”).
Barrett McNagny LLP is pleased to announce that Rachel K. Steinhofer was elected Partner effective January 1, 2021. Ms. Steinhofer represents clients in labor and employment matters, medical practice defense, and general liability defense.
President Trump signed into law the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (“Act”). The Act is part of a much larger appropriations bill that is over 5,000 pages and includes numerous provisions.
As money in and around college athletics increases, so too does the disparity between an athlete’s actual cost of attending college and the benefit the university receives from the athlete. Elite talent brings an immediate return on a university’s scholarship investment.
Although the Family Medical Leave Act (FMLA)* and the Americans with Disabilities Act (ADA) are distinct Acts, it can be difficult to determine if an employee qualifies for FMLA or ADA depending upon the situation.
The U.S. Department of Labor (DOL), the IRS, the U.S. Small Business Administration, the EEOC and the Indiana Department of Workforce Development have teamed up to present a webinar on “Navigating COVID-19: A Virtual Guide for the Employment Community.”
The Supreme Court of the United States ruled on June 15, 2020 that the existing Federal Anti-Discrimination laws provide protection to applicants and employees on the basis of their sexual orientation and/or transgender status.
Cyber-actors (or “hackers”) are targeting businesses to obtain any and all information that might have some form of value. It is imperative that companies have a set of steps in place to respond quickly for the sake of those affected and to comply with any and all regulating state or federal authorities, such as any applicable State Attorney General’s offices.
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