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January 25, 2022
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CMS Releases Guidance for the Health Care Worker Vaccine Mandate

Between January 14 and January 20th, 2022, the Centers for Medicare and Medicaid Services (CMS) released separate guidance for three groups of states regarding the health care worker vaccine mandate. Effectively, the CMS mandate is now enforceable in all 50 states. Generally, the guidance outlines requirements and survey procedures for ensuring compliance with the mandate. Earlier, on January 1...
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GHS Training Required for Safely Handling Hazardous Chemicals-1-25-22

Employer Wins $7.5M in Competition Case

January 25, 2022
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Recently, Judge Catherine C. Blake of the United States District Court District of Maryland awarded $7.5 million to Modern Remodeling, INC (MRI) in a jury verdict as part of an unfair competition and restrictive covenant case. Generally, MRI had alleged breaches of the duty of loyalty against the defendants. In general, these defendants included a former partner, sales manager, four former sale...
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January 19, 2022
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DOL Adjusts Civil Money Penalties for Inflation

On January 14th, 2022, the U.S. Department of Labor (DOL) made annual adjustments to civil money penalties for 2022. In brief, these penalties are assessed or enforced by the DOL and are pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The final rule was effective January 15th, 2022. Earlier, on December 30th, 2021, the DOL an...
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DOL Adjusts Civil Money Penalties for Inflation-1-19-22

Federal Contractor Minimum Wage Raised

January 19, 2022
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The U.S. Department of Labor (DOL) issued a memorandum on January 13th, 2022, which provides guidance on the application of Executive Order 14026 (EO 14026) which increased the federal contractor minimum wage. In short, the guidance highlights the differences between EO 14026 and Executive Order 13658 (EO 13658), which was issued in 2014. Previously, EO 13658 established minimum wage for federa...
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Breaking: Supreme Court Blocks Vaccine-or-Test ETS, Allows CMS Mandate-1-14-22

Breaking: Supreme Court Blocks Vaccine-or-Test ETS, Allows CMS Mandate

January 14, 2022
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In its ruling on January 13th, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA’s) vaccine-or-test emergency temporary standard (ETS). Meanwhile, a separate ruling allowed enforcement of the Centers for Medicare and Medicaid Services (CMS) healthcare worker mandate. The rulings mark the latest in a series of federal court decisions that began in ear...
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January 11, 2022
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Supreme Court Might Block Vaccine-or-Test ETS, Allow CMS Mandate

The U.S. Supreme Court (the Court) heard oral arguments on January 7th, 2022, regarding the Occupational Safety and Health Administration’s (OSHA’s) vaccine-or-test standard and the Centers for Medicare and Medicaid Services’s (CMS's) vaccine mandate for healthcare workers. Presently, the Court has not made a final ruling regarding either mandate. On the whole, however, justices appeared skepti...
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January 11, 2022
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EEOC Will Discontinue EEO-1 Type 6 Establishment List Reports

On January 6th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced they will discontinue EEO-1 Type 6 Establishment List Reports. Specifically, the discontinued items affect employee data reporting for establishments with less than 50 employees. Indeed, the announcement follows the agency’s efforts to modernize EEO data collections by improving the quality of collected data...
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Sixth Circuit Upholds Injunction on Federal Contactor Vaccine Mandate-1-11-22

Sixth Circuit Upholds Injunction on Federal Contactor Vaccine Mandate

January 11, 2022
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In a January 5th, 2022, hearing, the United States Court of Appeals for the Sixth Circuit (the Court) upheld the previous injunction on the federal contractor vaccine mandate. Generally, that mandate would require the vaccination of employees of federal contractors for COVID-19. Essentially, the Court’s decision agrees with the Eleventh Circuit Court’s refusal to stay Judge Van Tatenhove’s inju...
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January 6, 2022
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U.S. Supreme Court Will Hear Arguments on OSHA’s ETS, CMS Vaccine Mandate

Starting January 7th, 2022, The U.S. Supreme Court (Court) will hear arguments on the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 vaccine Emergency Temporary Standard (ETS). In addition, the Court will listen to arguments on the Centers for Medicare and Medicaid Services (CMS) vaccine mandate. Previously, the Sixth Circuit Court had lifted the stay on the ETS.  Overview o...
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January 6, 2022
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DOL Announces Policy on Group Health Plan Disclosure Requirements

On December 30th, 2021, the U.S. Department of Labor (DOL) announced an enforcement policy regarding group health plan disclosure requirements. Specifically, the policy pertains to required fee transparency disclosure under the Employee Retirement Income Security Act (ERISA). The DOL’s Employee Benefits Security Administration (EBSA) released Field Assistance Bulletin 2021-03 which highlights t...
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