Although the first of January is ultimately just another day in the grand scheme of things, many of us attach a special significance to it. It is a day where we symbolically leave our problems behind and press forward to see what the new year may bring. However, for better or worse, the law sees January 1, 2022, as just another day, and many of the developments employment law saw in 2021 will follow us into the new year. With that in mind, let’s take a look at some of the highlights in employment law that we have our eyes on as we begin the new year.
The Biden Administration’s OSHA Vaccine Mandate
On November 4, 2021, the Biden administration, through OSHA, instituted an emergency mandate requiring employers with 100 or more employees to either require each of their employees be vaccinated or provide a weekly negative COVID-19 test. Predictably, the legality of the mandate was immediately met with numerous lawsuits in courts across the country. The Biden administration decided not to attempt to enforce the mandate until the courts decided its lawfulness, but they will soon have a definitive answer as to whether they can move forward with enforcing the mandate.
In a rare move, the Supreme Court has significantly expedited the process for a case to appear before the Court and will hear oral argument on the legality of the OSHA mandate on January 7, 2022. What the Supreme Court decides will determine the fate of the mandate and, consequently, whether employers will...
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