News

After lengthy oral arguments last Friday, the United States Supreme Court today (January 13, 2022) stayed any enforcement of the OSHA Emergency Temporary Standard (ETS) mandating vaccination or weekly testing for all employers with 100 or more employees. The Court, In a 6-3 decision, determined that the petitioners challenging the ETS were likely to succeed on the merits and, therefore, a stay of enforcement during the litigation on the merits was appropriate. This is good news for all employers with over 100 employees who were facing the specter of requiring vaccinations or implementing masking and weekly testing rules and procedures.

As COVID-19 cases surge in Arkansas, the CDC has updated its guidance on isolation and quarantine for the second time in two weeks. In that guidance, anyone who has been in close contact with someone who has COVID-19 should quarantine unless they have been fully vaccinated, including all boosters, or had a confirmed positive COVID-19 test within the last 90 days. Individuals who are fully vaccinated should wear a mask when around others and monitor their symptoms for 10 days from the date of the last close contact with the infected person. These individuals should also get tested at least five days after the last close contact. Individuals who have tested positive for COVID-19 during the previous 90 days and come in close contact with someone with COVID-19 need only wear a mask when around others for 10 days. A close contact is defined as being less than six feet away from an infected person for a cumulative total of 15 minutes or more over a 24-hour period.

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.