With 2022 underway, set forth below are the major labor and employment policy issues that the Buzz is keeping an eye on as we begin a new (midterm election) year.

COVID-19 Vaccine Requirements. Today the Supreme Court of the United States heard oral argument on whether the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine emergency temporary standard (ETS) and the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate for healthcare workers should be stayed pending judicial review. Because this legal issue (and the virus itself) are moving quickly, a decision is expected soon. Here is the current state of play while we wait for a ruling by the Supreme Court.

• OSHA. As a result of a ruling by the Sixth Circuit Court of Appeals lifting a stay of the ETS, OSHA will enforce the ETS as follows:
• • January 10, 2022, is the deadline by which employers with 100 or more employees must develop and implement COVID-19 vaccine policies, as well as comply with the other ETS provisions that do not directly involve vaccines and testing.
  • February 9, 2022, is the date by which OSHA will enforce the vaccination and testing requirements of the ETS.

• CMS. Subject to various legal challenges and accompanying twists and turns, the CMS rule remains in effect in California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon,...

Read Full Story: https://www.jdsupra.com/legalnews/beltway-buzz-january-2022-3201073/