News

Late Friday (December 17), a split, three-judge panel of the Sixth Circuit lifted the stay imposed on the OSHA Emergency Temporary Standard (ETS) by the Fifth Circuit Court of Appeals. Emergency appeals challenging the Sixth Circuit’s decision were filed with the Supreme Court after hours on Friday. In the meantime, however, OSHA quickly announced new compliance dates for the ETS requirements: February 9 for the testing requirement, and January 10 for all other requirements.

The Arkansas Department of Workforce Services announced today that it is non-charging employers’ unemployment accounts for benefits paid to unemployment claimants during the second, third, and fourth quarters of 2020. It is taking this action pursuant to its authority granted by Executive Order of Governor Hutchinson and Act 153 of 2021. These non-charges will lessen the effects of the pandemic on Arkansas employers’ unemployment obligations, and employers’ rates will not increase because of any unemployment benefits paid during the second, third, and fourth quarters of 2020.

On Monday, November 8, the Arkansas State Chamber hosted approximately 450 attendees during a webinar to discuss what employers need to know about the recent federal vaccine mandate. Attorneys Michael S. Moore, Daniel L. Herrington and Mark K. Cameron were the featured presenters. The discussion focused around the Occupational Safety and Health Administration (OSHA) and the Center for Medicare & Medicaid Services (CMS) COVID-19 vaccination and testing requirements.

The Occupational Safety and Health Administration (OSHA) and the Center for Medicare & Medicaid Services (CMS) released the much-awaited COVID-19 vaccination and testing requirements. OSHA released a 490-page COVID-19 vaccination and testing emergency temporary standard (ETS). This legal alert covers some of the primary questions surrounding the new ETS. For further questions and help understanding and complying with the new rule, please contact our office.

Recently, Attorney Michael S. Moore talked to members of the Industry Liaison Group (ILG) of Arkansas regarding the Federal vaccine mandate. The meeting was held virtual in partnership with CAHRA. A recording of the presentation is available to download here.

Friday, Eldredge & Clark is a member of the Employment Law Alliance (ELA), the world's largest group of labor and employment law firms. Friday Firm partner, Daniel Herrington, is a member of the ELA Occupational Safety and Health law group. On October 20, 2021, Dan participated, along with other members of ELA OSH law group, in a meeting with the federal Office of Information and Regulatory Affairs (OIRA). This division within the Office of Management and the Budget is responsible for review of the OSHA ETS that will require employers of 100 or more employees to require employees to be vaccinated or to be tested weekly. Representatives of OIRA, OSHA, the DOL Office of Solicitor, and Office of Policy participated in the call.

Last month, President Biden announced plans to implement a vaccine mandate for qualifying employers, medical facilities, and federal employees and contractors. At the time, officials indicated that the Occupational Health and Safety Administration (OSHA) would enforce the mandate with fines of up to nearly $14,000 per violation. A recently proposed bill, H.R. 5376 a.k.a. the “Build Back Better Act,” is making its way through Congress and proposes much larger fines against violating employers, however. The proposed resolution was approved by the House Budget Committee and introduced on the House floor on September 27, 2021.