On January 13, 2022, the United States Supreme Court blocked the OSHA ETS rule, which mandated private employers with at least 100 employees require their employees to be fully vaccinated or submit to a weekly COVID test and wear face masks. Six of the Court’s nine justices held that the ETS constituted an attempt by OSHA to regulate general matters of public health, as opposed to occupational...
Late on Friday, December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, vacated the Fifth Circuit’s stay on OSHA’s Emergency Temporary Standard (“ETS”). The ETS mandates private employers with at least 100 employees to be fully vaccinated or submit to a weekly COVID test and wear face masks. Given this swift reversal, OSHA updated its compliance dates to provide employers...
On Tuesday, November 16, 2021, litigation pending in several federal circuits regarding the federal vaccine/testing mandate described below was consolidated in the U.S. Court of Appeals for the Sixth Circuit. Below, we summarize the mandate, discuss the various court developments, and provide guidance as to steps employers could take while the legal challenges continue. OSHA Issues ETS Mandate...
On September 9, 2021, President Biden directed the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any unvaccinated workers to produce a negative test on a minimally weekly basis prior to attending work. The directive to OSHA was part of...
By: Anne V. O'Meara and Laurie E. Meyer On August 18th, President Biden announced that his Administration will require nursing homes to mandate staff to be vaccinated against COVID-19 as a condition for facilities to receive funding from Medicare and Medicaid. This new requirement would apply to nearly 15,000 nursing home facilities, which employ approximately 1.6 million workers and serve...
Davis|Kuelthau is sponsoring BizTimes Media’s Family and Closely Held Business Summit on June 29, 2021, at Brookfield Conference Center from 2:00 – 6:30 PM. Join other family & closely held companies as they navigate the complex issues of maintaining a successful, sustainable family or closely-held business. It’s your opportunity to learn and network with others who are on the same journey...
Davis|Kuelthau is a proud sponsor of the Milwaukee Business Journal’s Friday, May 14, 2021, Family-Owned Business Virtual Event. Click here to access the on-demand video. Family-owned businesses make up 80 to 90% of all businesses in North America. 2021 has most certainly not been family business as usual. In addition to the unique set of benefits and challenges, the pandemic has added another...
As set forth in the American Rescue Plan Act of 2021 (ARP), employers and certain governmental employers are allowed to claim refundable tax credits that reimburse them if they choose to provide paid sick and family leave due to COVID-19, including leave taken to receive and/or recover from COVID-19 vaccines. The Internal Revenue Service (IRS) recently issued a fact sheet further explaining how...
The American Rescue Plan Act (ARPA) significantly impacts employers who have terminated an employee or reduced the hours of any employee. As of April 1st, 100% of premiums for COBRA or state continuation coverage must be paid by the employer. This is a federally supported subsidy. The federal government will reimburse employers dollar for dollar against their quarterly payroll tax obligations....
Register Today! Businesses across the country are increasingly seeing the light at the end of the tunnel on their strategy to reopen their businesses safely and responsibly. Every day, the latest news gives business owners hope that normal is just around the corner. But does getting vaccinations mean a return to normal for the workplace? Should rapid testing be a part of that strategy? What...
