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On Tuesday, December 7, a federal court in Georgia issued an order staying the vaccine mandate for federal contractors (“Mandate”). The Court ordered that the Defendants, which includes President Biden,

are ENJOINED, during the pendency of this action or until further order of this Court, from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States of America.

Click here to read full order. This order follows…
Continue Reading Nationwide Halt to Vaccine Mandate for Federal Contractors

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Despite previously saying it had no plans to renew the mask mandate after a previous iteration expired on November 27, Public Health of Madison and Dane County (“PHMDC”) has issued a new mask mandate to run until January 3.
Is This Order the Same as the Previous Iterations?
Largely, yes. The current order substantially mirrors the language in the PHMDC mask mandates since September. For a refresher, you can read our KEW Tip on the previous order here. The…
Continue Reading PHMDC Renews County-Wide Mask Mandate

A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement nationwide which takes place immediately.

This is the second Federal Court injunction that has been issued enjoining immediate enforcement of the CMS vaccination mandates.  A federal court in the Eastern District of Missouri had previously issued a decision blocking immediate enforcement. However, the Missouri decision…
Continue Reading Federal Court Issues Nationwide Injunction Against Enforcement of the CMS Vaccination Mandate

On November 30, 2021, a federal district court in Louisiana issued an order that blocks the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services from implementing the CMS Vaccination Rule that requires covered facilities to implement and enforce mandatory vaccination policies as a part of President Biden’s COVID-19 action plan. The order applies nationwide, except for states that had already been granted a similar order in a pending case in Missouri. It…
Continue Reading Preliminary Injunction Enjoins CMS Vaccine Mandate

Young businesswoman getting vaccinated in the office.
Shot of an attractive african-american businesswoman getting vaccinated in the office with her colleagues in background. Male doctor giving a vaccine of young woman. Shot of general practitioner giving injection to young woman at vaccination center. Female patient getting vaccinated during Covid-19 pandemic. Coronavirus vaccination concept.

This past year has opened our eyes to new challenges and questions that need to be addressed in the workplace.

As a result of the COVID-19 virus, many businesses and industries attempted to stem the growing infection rate by working allowing employees to work remotely, initiate safety protocols, or close their doors temporarily. But now, as vaccines are readily available to the public, businesses are attempting to make a return back to normalcy, or as close as possible to…
Continue Reading Preparing Your Workplace for Mandatory COVID-19 Vaccine and Testing Requirements

On November 23, 2021, the Wisconsin Department of Health Services (DHS) conducted a live webinar to answer questions surrounding the Centers for Medicare & Medicaid Services (CMS) COVID-19 Vaccine Mandate scheduled to take effect December 6, 2021.

The most frequently asked question among providers was, “Does the vaccine mandate apply to our facility?” The response by DHS was consistent that if your facility or provider type bills Medicare via a CMS Certification Number, the CMS vaccination mandate applies to…
Continue Reading Wisconsin DHS Answers Questions About the CMS Vaccination Mandate

By Sally A. Piefer

November 23, 2021

As we previously reported, on November 4th, OSHA released its emergency temporary standard (“ETS”) which requires employers with 100 or more employees to develop, implement, and enforce a written mandatory COVID-19 vaccination policy. Alternatively, covered employers may adopt a written policy requiring employees to either choose to be vaccinated or undergo regular testing and wear a face covering at work.

The ETS gave employers until December 5, 2021 to do the following:…
Continue Reading Update on OSHA’s Mandatory Vaccine Rule: What Should Employers Do?

On November 18, 2021, OSHA announced that it has suspended activities to implement and enforce its COVID-19 Vaccination and Testing Emergency Temporary Standard, (ETS) pending further legal developments. The announcement is based upon the Fifth Circuit Court of Appeals’ November 12, 2021 grant of a motion to stay the ETS. The Sixth Circuit will next hear the matter and determine whether to uphold or lift the stay imposed by the Fifth Circuit. From there, the matter will likely go…
Continue Reading OSHA’s 100 Employee Vaccine Mandate – Dead in the Water

On Tuesday, November 16, 2021, the U.S. Judicial Panel on Multidistrict Litigation held a lottery-style drawing to select which of the 12 federal circuit court of appeals where petitions for review are currently pending as to which circuit will hear the challenges to OSHA’s emergency temporary standard mandating COVID-19 vaccinations in the workplace. Through that lottery process, the U.S. Court of Appeals for the Sixth Circuit was selected. As a result, the U.S. Judicial Panel on Multidistrict Litigation issued

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Continue Reading Sixth Circuit Selected to Hear Challenges to OSHA’s COVID-19 Vaccination Mandate

On November 16, 2021, a panel on multidistrict litigation announced that a panel of three judges from the U.S. Court of Appeals for the Sixth Circuit will hear the OSHA ETS litigation. All petitions that have been filed will be consolidated to the Sixth Circuit in accordance with the Consolidation Order signed today.

What does this mean for your business if you fall within the OSHA ETS mandate? We anticipate the Sixth Circuit will render a decision in the…
Continue Reading Breaking News! Sixth Circuit to Hear OSHA ETS Challenge

On November 12, 2021, the Centers for Medicare and Medicaid Services (CMS) issued two nursing home memos. The first, QSO-20-39-NH, addresses nursing home visitation. The memo requires nursing homes to urge staff and residents to become vaccinated by providing education on the risks and benefits of the vaccine, and to offer to administer the vaccine and report vaccination data to the Centers for Disease Control and Prevention. CMS notes that the number of new COVID-19 cases has dramatically…
Continue Reading CMS Issues Two Memos on Nursing Home Visitation and Increased Nursing Home Oversight

On Friday, November 12, 2021, the U.S. Circuit Court of Appeals for the Fifth Circuit issued a 22-page decision (linked here) continuing its November 6th order that stayed the implementation and enforcement of OSHA’s emergency temporary standard mandating COVID-19 vaccinations in the workplace. In a strong rebuke of the Biden’s Administration’s desire to vaccinate as many Americans as possible through use of OSHA’s emergency temporary standard provision (29 U.S.C. § 655(c)) found in the Occupational Safety and Health…
Continue Reading Fifth Circuit Issues Strong Rebuke of OSHA’s Authority to Mandate Vaccinations in the Workplace

RETIREMENT PLAN UPDATES
IRS Publishes Guidance Regarding Rehiring Pension Participants Following Retirement
On October 22, 2021, the IRS amended its existing FAQs regarding the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to address whether an employer may rehire a former employee who commenced retirement distributions under a qualified pension plan that does not provide for in‑service distributions due to unforeseen hiring needs related to the COVID‑19 pandemic. In particular, the guidance considers whether such circumstances would result…
Continue Reading Benefits Counselor – November 2021

On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) published its interim final rule requiring health care workers in Medicare- or Medicaid-certified facilities to be fully vaccinated against COVID-19.

Under this rule, all staff working at a Medicare- or Medicaid-certified facility must be fully vaccinated no later than January 4, 2022. This requirement applies to all staff regardless of the staff member’s clinical responsibility or patient contact, and includes those with maintenance, grounds keeping and administration…
Continue Reading Centers for Medicare & Medicaid Services Issues Regulations Requiring COVID-19 Vaccinations for Health Care Workers

On November 6, 2021, the Fifth Circuit Court of Appeals temporarily halted OSHA’s latest ETS by issuing an order staying the ETS until the court can conduct a full review.  BST Holdings v. OSHA (5th Cir 11/06/2021). The order states:

Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021, Emergency Temporary Standard (the “Mandate”) pending , expedited judicial review. Because the petitions give cause to believe there…
Continue Reading Federal Appeals Court Halts OSHA ETS! What Does this Mean for Employers?

State v. P.G., 2021AP1231, 2021AP1232, & 2021AP1233, District 1, 11/2/21 (one-judge decision; ineligible for publication); case activity

P.G.’s challenges the sufficiency of the TPR petitions against him and claims the COVID epidemic affected his ability to meet the conditions of return. His arguments are in vain.

First, he argues a TPR petition must met the same requirements as a criminal complaint and CHIPS petition—namely, it must contain sufficient facts or give rise to reasonable inferences to establish probable…
Continue Reading TPR Petitions were Sufficiently Pled, and COVID-19 Didn’t Provide a Defense to the Parent’s Failure to Meet the Conditions of Return