Blog Post
By Jason Tremblay and Alexander Reich

What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule?

On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing the rule that would have obligated all companies with more than 100 employees to require their employees to be fully vaccinated against COVID-19 or undergo weekly testing. Concurrently, the Court upheld a similar mandate applying only to certain healthcare employers.

The 100+ Employee Vaccination or Weekly Testing Mandate

Blog Post
By Zachary Kimmel

The last two weeks have provided a rollercoaster ride for employers as they grapple with the resurrection of the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (“ETS”) by the Sixth Circuit Court of Appeals, updated guidance from OSHA on the testing protocols under the ETS and new CDC guidance shortening quarantine periods. As policies are revised and re-revised to reflect all the changes, the January 7, 2022 oral argument date has been set by the United States Supreme Court where it will presumably decide the fate of the ETS, a mere three days before the first deadline for implementation.

Blog Post
By Dena B. Calo and Erik P. Pramschufer

As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage obligations if an employee regularly receives tips. This is referred to as a “tip credit.”