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Labor & Employment Blog

Labor & Employment Blawg

The Labor & Employment Blog provides employers with breaking news, insights, and legal analysis on the wide range of labor and employment issues facing employers and businesses.  While the Blog provides a general summary of regulation updates, it is not intended to be, and should not be relied upon as, legal advice.  The labor & employment attorneys at Chamberlain Hrdlicka stand ready to counsel employers on the issues they face.

Larry Carbo, Shareholder and Co-Chair

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AmyJo "AJ" Foreman, Associate

Renu Tandale, Associate

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  • Posts by C. Larry Carbo, III
    Shareholder

    Larry Carbo maintains a commercial litigation practice focusing on representation of companies in employment matters including misappropriation of trade secrets, enforcement and defense of non-competition agreements and ...

OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard

Effective today, January 26, 2022, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has withdrawn the COVID-19 vaccination and testing emergency temporary standard (ETS) issued on November 5, 2021, which required all employers with 100 or more employees to implement either a mandatory COVID-19 vaccination policy or a policy allowing employees to undergo weekly COVID-19 testing and face covering as an alternative to vaccination.

Yesterday, OSHA filed a motion to dismiss the ...

On January 13, 2022, the U.S. Supreme Court issued two highly anticipated opinions on the COVID-19 vaccination rules mandated by the Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Centers for Medicare and Medicaid Services (CMS). Challenges to those rules had opposite outcomes, as set out in the opinions. The Court stayed OSHA’s Emergency Temporary Standard for COVID-19 Vaccination and Testing (OSHA ETS), but allowed the CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (CMS Rule) to move forward.

Background

President Biden recently issued an Executive Order that advances a campaign promise to, among other things, eliminate non-competition agreements. But first, agencies must weigh in and adopt rules to promote the administration’s policies. The Executive Order does not, by itself, outlaw restrictive covenants or other employment practices.
The Biden | Harris campaign promised to work with Congress “to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets, and outright ban all ...