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The U.S. Supreme Court Rules that a Board’s Verbal Censure of its Board Member’s Speech Does Not Violate the First Amendment

On March 24, 2022, the U.S. Supreme Court held in a unanimous decision that an elected body can censure other members of the same body for their speech, without running afoul of First Amendment protections. The case is Houston Community College System v. Wilson, ___ S.Ct. ___, 2022 WL 867307 (2022).  As we discussed in…

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WI Supreme Court Takes Case Concerning Communication with Parents About Their Child’s Gender Identity, Names, and Pronouns at School

The Wisconsin Supreme Court recently granted a petition for review of an injunction against the Madison Metropolitan School District relating to enforcement of its policies on gender identity. The original complaint was filed on February 18, 2020, by the Wisconsin Institute for Law & Liberty (WILL) in the Dane County Circuit Court. The complaint was…

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Biden Administration Abandons Shot-or-Test Mandate For Large Businesses

The Biden Administration has withdrawn its Covid shot-or-test mandate for large businesses.  The mandate, issued by OSHA through an Emergency Temporary Standard (ETS), requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all employees.  That requirement went into effect on January 10, 2022. …

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By Reinstating the Stay of President Biden’s Shot-or-Test Mandate The Supreme Court Signals the End of the OSHA ETS; but, OSHA Enforcement of COVID Mitigation Measures Continues

On the afternoon of Thursday, January 13, 2022, the U.S. Supreme Court reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate.  The mandate, issued by OSHA through an Emergency Temporary Standard (ETS) requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all…

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Supreme Court Halts President Biden’s Shot-or-Test Mandate

The U.S. Supreme Court has reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate.  The decision came this morning, Thursday, January 13, 2022, nearly a week after the Court heard oral arguments from both sides on Friday, January 7, 2022. Six justices, led by Chief Justice John Roberts voted in favor of reinstating the…

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Janus v AFSCME

Fate of President Biden’s Shot-or-Test Mandate Rests with Supreme Court – Oral Argument Set for January 7, 2022

Covid-19 is a global pandemic and a societal health problem, not a workplace hazard.  This is the main argument advanced by a coalition of states and an alliance of business groups in their brief to the U.S. Supreme Court. Final briefs were filed on December 30, 2021 ahead of oral arguments set for January 7,…

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CDC Shortens Recommended COVID-19 Isolation and Quarantine Periods

On Monday, December 27, 2021, the Centers for Disease Control and Prevention (CDC) updated guidance for the general public that shortens the recommended time for isolation for those with COVID-19 and the time for quarantine for those exposed to COVID-19.  The updated guidance does not apply to healthcare workers for whom the CDC has separately…

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Supreme Court to Address President Biden’s Shot-or-Test Mandate In Early 2022

The U.S. Supreme Court likely will not address the Biden Administration’s vaccine and testing requirements until early January of 2022. Eight separate petitions were filed with the Supreme Court on Friday, after the 6th Circuit Court of Appeals lifted the stay on the shot-or-test mandate.  The Supreme Court asked the government to respond to these…

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New Deadlines for President Biden’s Shot-or-Test Mandate After 6 th Circuit Court of Appeals Lifts Stay

Employers with 100 or more employees will have until January 10, 2022 to comply with the Biden Administration’s vaccine and testing requirements.  OSHA will give companies until February 9, 2022 before issuing citations for violating the ETS provisions.  The enforcement grace period hinges on employers “exercising reasonable, good faith efforts to come into compliance with…

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EEOC Provides Updated Technical Guidance Addressing COVID-19 Vaccinations

Stay of President Biden’s Shot-or-Test Mandate Lifted by 6th Circuit Court of Appeals

Late Friday afternoon, the 6th Circuit Court of Appeals reinstated the Biden administration’s vaccine and testing requirement for private employers with 100 or more employees. On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS) for private employers with 100 or more employees.  Under the ETS, by January 4, 2022, all employees of said…

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