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...
Managing Potential Employee Non-Compliance with COVID-19 Requirements
Even before the Biden Administration promulgated its now-in-legal-limbo vaccination/testing mandates, the COVID-19 pandemic had brought health-related, and religious-related, matters to the forefront of the employer-employee relationship, perhaps like never seen before. As a result, employers often have been forced to have difficult conversations with employees over topics like mandatory...

What’s Next for Employers: OSHA’s Vaccine and Testing Mandate
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...

President Biden Announces, “Path Out of the Pandemic” With New Employer Mandates
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...
Webinar | Vaccines, Testing, and Reopening the Economy. What Do You Need to Know?
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...

Milwaukee Business Journal’s Table of Experts: A Shot in the Arm
Davis|Kuelthau Labor and Employment and Litigation attorney, Laurie E. Meyer recently sat down with Ted Redalia, Vice President of Pharmacy Benefits, Network Health, and Greg Brusko, Chief Clinical Officer at Ascension, to discuss the questions and concerns employers have now that vaccines are becoming more widely available. Their commentary was featured in the Milwaukee Business Journal’s Table...

Webinar | COVID-19 Vaccine and the Workplace: Legal & Medical Insight
Register Today! Davis|Kuelthau Labor & Employment Attorney, Anthony J. Steffek will be joining President and CEO of Prevea, Dr. Rai, to discuss the current state of the COVID-19 vaccine regarding legal and medical insight in the workplace as well as what to expect moving forward. Some of the questions that will be answered throughout this webinar will include: • What is the current state of...

Anthony Steffek and Heather Macklin Discuss the Impact of Employer Mandated Vaccinations with Insight on Business Magazine
Labor and Employment Attorney, Anthony J. Steffek (Green Bay) and Litigation Attorney, Heather J. Macklin (Appleton) were recently interviewed by Insight Publications on employer considerations regarding vaccination mandates in the workplace. Their commentary was featured in the March 2021 Edition of Insight Publications Insight on Business Magazine. Tony and Heather offered insights on COVID-19...