The ongoing pandemic has put many workplace laws in a steady state of flux, and that's driving an increase in labor- and employment-related litigation.
According to data from Littler Mendelson PC in Kansas City, lawsuits related to Covid-19 have increased 2.5%, with the top claims involving retaliation, disability, discrimination, wrongful termination, workplace safety and the Family Medical Leave Act.
One area that seems to be constantly in motion is an emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration requiring employers with at least 10 employees to require either vaccination for Covid-19 or weekly testing and mask wearing. The ETS was published Nov. 5 and halted Nov. 12 by a stay from the 5th U.S. Circuit Court of Appeals, one day after it went into effect. On Dec. 18, the 6th U.S. Circuit Court of Appeals lifted the stay by the 5th Circuit, putting the measure back in place.
OSHA issued a statement saying it won’t issue citations for noncompliance with the ETS until Jan. 10, or Feb. 9 if an employer shows it is exercising reasonable, good faith efforts to come into compliance.
“Within two hours of the 6th Circuit reversal coming down, about 26 different trade groups filed an emergency appeal to the U.S. Supreme Court,” said Robert Rojas, shareholder and employment law attorney at Littler Mendelson in Kansas City. “It’s so fluid. It can change day to day, and we really can’t reasonably predict how the Supreme Court might...
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