Federal Appellate Court Panel Lifts Stay of OSHA Vaccine and Testing Mandate

By Attorney Miriam Van Heukelem On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay issued by the 5th Circuit last month that temporarily delayed the implementation of OSHA’s Emergency Temporary Standard (“ETS”) that requires employers with over 100 employees to adopt, implement, and...
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Iowa Department of Education Issues Ruling Stating that IEP Teams May Need to Consider Masks on A Case-by-case Basis for Eligible Students Under the IDEA

By Attorney Miriam Van Heukelem On May 20, 2021, Iowa law was amended to generally prohibit schools from adopting, implementing, or enforcing mask rules for employees, students, or visitors, “unless…required by…any other provision of law.” See Iowa Code § 280.31. No guidance was issued prior to December 1 by the...
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U.S. Court of Appeals Temporarily Halts OSHA Emergency Temporary Standard

By Attorneys Aaron Hilligas, Ann Smisek and Elizabeth Heffernan On Friday, November 12, 2021, the panel for the United States Court of Appeals for the 5th Circuit issued a decision temporarily halting enforcement of the OSHA Emergency Temporary Standard (“ETS”) pending adequate judicial review. This decision further ordered that OSHA...
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OSHA Issues Emergency Temporary Standard on Vaccination and Testing

By Attorneys Aaron Hilligas, Ann Smisek and Elizabeth Heffernan On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing. The ETS, which takes effect immediately upon publication, puts in place various requirements for employers pertaining to vaccination and...
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