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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

Diana Perez Gomez, Shareholder and Co-Chair

Julie Offerman, Shareholder

Kellen Scott, Shareholder

Leslie Tan, Senior Counsel

Elizabeth Feeney, Associate

AmyJo "AJ" Foreman, Associate

Renu Tandale, Associate

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OSHA Withdraws COVID-19 Emergency Temporary Standard and CMS Rule Goes Into Effect in Texas

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Effective today, January 26, 2022, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has withdrawn the COVID-19 vaccination and testing emergency temporary standard (ETS) issued on November 5, 2021, which required all employers with 100 or more employees to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to dismiss the challenges filed against the ETS, which were consolidated before the Sixth Circuit, as moot since it has withdrawn the ETS.

Even though OSHA is withdrawing the ETS, OSHA may use the framework of the ETS to prepare a permanent rule following the ordinary notice and comment period of the agency rulemaking process. Additionally, OSHA indicated it is still working to finalize a COVID-19 Healthcare Standard.

CMS Rule in Texas

For medical providers that receive Medicare and Medicaid funds, the Centers for Medicare and Medicaid Services’ Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (CMS Rule) is now in effect in Texas. Following the Supreme Court’s ruling allowing the CMS Rule to go into effect in other states, the Texas litigation was dismissed. CMS has issued new compliance deadlines specific to Texas. By February 22, 2022, Texas providers must: 1) implement policies and procedures for staff vaccination and addressing medical or religious exemption or delay requests; and 2) ensure all staff have received at least one dose of the COVID-19 vaccine or have requested an applicable exemption. All staff, other than those granted an exemption, are to be fully vaccinated by March 21, 2022.

Chamberlain Hrdlicka’s Labor & Employment Group will continue to monitor COVID-19 developments and other labor and employment issues and is available to answer any questions.

  • AmyJo "AJ"  Foreman
    Associate

    AmyJo "AJ" Foreman is an associate in the litigation section. Her practice focuses primarily on commercial litigation, labor & employment, and appellate matters.

    AJ graduated from the University of Houston Law Center where she was ...

  • 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 ...

  • Diana Pérez Gomez
    Shareholder

    Diana Gomez is a talented trial attorney with extensive experience in civil lawsuits in state and federal courts. She focuses on complex labor and employment disputes by providing a full range of employment law services to her ...

  • Elizabeth A. Feeney
    Associate

    Elizabeth "Liz" Feeney is an associate in the Commercial Litigation section, focusing primarily on labor and employment matters. She graduated from the SMU Dedman School of Law and began her career at a mid-sized firm in Fort Worth ...

  • Julie R. Offerman
    Shareholder

    Julie is an experienced litigation attorney in Chamberlain’s Houston office. She has substantial experience defending employers nationwide in wage and hour class and collective action lawsuits, including matters involving ...

  • Kellen R. Scott
    Shareholder

    Mr. Scott maintains a general civil litigation practice in state and federal courts, with particular emphasis on employment law, governmental defense, and civil rights.

    His practice includes the defense of employers and ...

  • Leslie T. Tan
    Senior Counsel

    Leslie Tan is an experienced attorney specializing in labor and employment matters and complex civil litigation. Ms. Tan enjoys guiding employers through challenging situations, from counseling on daily operations to ...