Publications

Supreme Court Nixes OSHA Vax, Upholds Health Worker Mandate

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...

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U.S. Supreme Court Allows Nursing Home Vaccination Mandate

The U.S. Supreme Court on Thursday allowed the federal government’s COVID-19 vaccination mandate for health care providers to proceed. The rule requires nursing homes, hospitals, and certain other participants in the Medicare and Medicaid programs to vaccinate all non-exempt staff[1] against COVID-19. In a separate ruling, the Court blocked the...

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CMS Plans Enforcement, Sets New Deadlines for COVID Vaccination Mandate

The Centers for Medicare & Medicaid Services (CMS) on Tuesday announced new dates for nursing homes in Wisconsin and 24 other states to comply with the mandate to vaccinate all non-exempt staff against COVID-19. It also announced plans for survey enforcement. Within 30 days of Tuesday’s directive,[1] these nursing homes must have developed...

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OSHA’s Vax or Test Mandate for Employers with 100+ Employees Is Back in Effect. What’s Next for Employers?

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...

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Vaccination Mandate for Nursing Homes is Revived, for Now, in Wisconsin

After being blocked this month by a federal judge in Louisiana, the COVID vaccination mandate for nursing home staff has been reinstated in Wisconsin and 25 other states, at least for now. The background: In November the Centers for Medicare & Medicaid Services required nursing homes participating in Medicare and Medicaid to have staff fully...

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Ruling Puts Vaccination Mandate for Nursing Homes on Hold

The federal requirement that nursing homes vaccinate staff against COVID-19 is on hold temporarily after a judge’s ruling this week in Louisiana. The ruling, coming amid concerns over the omicron variant of the coronavirus, could ease pressure on nursing homes facing staffing shortages but for now leaves vaccination rules in an uncertain status....

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NDAs – Significant Business Tool or Simply More Paperwork?

In business, many situations require you to share sensitive and confidential information with another individual or company. To ensure the other party respects the confidentiality of this information, a non-disclosure agreement, or NDA, is often used. But when is the right time to utilize an NDA? And why should you consider them as part of your...

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Driving Value Before an M&A Transaction

Driving Value Before an M&A Transaction

The mergers and acquisitions market continues to be hot. While it was initially unclear how the pandemic would affect it, the M&A market has proven to be highly adaptable and has recovered nicely. Historically low borrowing costs mean motivated buyers, and while it continues to be a seller’s market, smart business owners are those that are...

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