On November 12, 2021, the United States Court of Appeals for the Fifth Circuit issued a preliminary stay on the Occupational Safety and Health and Administration (OSHA) Emergency Temporary Standard (ETS)rule mandating vaccinations for employers with 100 or more workers.
Its ruling also touched upon the financial burden the mandate would have upon employers; as well as OSHA’s lack of evidence to conclude that all infectious diseases to which employees may be exposed at a workplace constitute a ‘grave danger’ for which an ETS is an appropriate remedy while also simultaneously excluding employers with 99 or fewer employees from that very same threat.
The Court found “cause to believe there are grave statutory and constitutional issues with the Mandate,” taking the position that the ETS grossly exceeds OSHA’s statutory authority and the Federal government’s authority under the Commerce Clause of the Constitution. OSHA may not take steps to implement or enforce the Mandate until further court order.
To date, challenges to the OSHA rule have been filed in almost every Circuit Court across the country. When this occurs, the cases are consolidated into one and a lottery is used to determine which Circuit Court would hear the challenge to the ETS rule. That chosen Circuit Court would determine whether the Fifth Circuit’s temporary stay is continued, lifted, or altered.
To read the Fifth Circuit Court of Appeals’ ruling in its entirety, link here.
State Labor Law Poster Updates
Effective November 8, 2021, Arizona updated the Fair Wages and Healthy Families Act notice. All businesses in Arizonawith at least one employee on payroll must display this updated posting in their locations. The updated notice reflects an adjustment of the state minimum wage to $12.80/hour, effective January 1, 2022. A link to the updated poster may be found here.
Effective October 26, 2021, Connecticut updated the Workers’ Compensation poster. All businesses in Connecticut with at least one employee on payroll must display this updated posting in their locations. The updated notice reflects that, cases involving an employee’s failure to report an injury are now handled by an administrative law judge rather than by the commissioner. A link to the updated poster may be found here.
Effective November 5, 2021, Kentucky updated the Safety and Health on the Job poster: All businesses in Kentucky with at least one employee on payroll must display this updated posting in their locations. The updated notice reflects new workplace injury and illness reporting requirements. A link to the updated posters may be found here for English and here for Spanish.
Effective October 7, 2021, Michigan updated the (1) Minimum Wage poster, (2) Unemployment Compensation poster, (3) Child Labor Laws poster, and (4) Paid Medical Leave Act poster. All businesses in Michigan with at least one employee on payroll must display these updated postings in their locations. For all of these posters, the updated notice reflects that Susan Corbin is the Director of the Michigan Department of Labor and Economic Opportunity. A link to the updated posters may be found by clicking each of the following; Minimum Wage poster: English Spanish Arabic, Unemployment Compensation poster, Child Labor Laws poster, and Paid Medical Leave Act poster.