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Tag:OSHA emergency temporary standard

January 30, 2022
News & Commentary

Nikita Rumsey

In the wake of OSHA’s withdrawal of its shot-or-test rule for large employers after the Supreme Court blocked its enforcement, attention has shifted to OSHA’s Covid-19 emergency temporary standard (ETS) covering the healthcare industry. On December 27, 2021, OSHA withdrew its ETS that was designed to protect healthcare workers, ostensibly because OSHA failed to meet […]

GOP Senators Owe Judge Sung an Apology

Jan 19, 2022 Andrew Strom

In December, the Senate confirmed Jennifer Sung to a seat on the Ninth Circuit Court of Appeals by a 50-49 vote along party lines. Sung had been serving as one of the three members of the Oregon Employment Relations Board, a state agency that oversees labor relations in the public sector. During her four-year tenure […]

How Not to Read the OSH Act

Jan 19, 2022 Sachin S. Pandya

In staying OSHA’s COVID-19 emergency temporary standard, six U.S. Supreme Court Justices joined an opinion that the ETS was likely beyond OSHA’s authority under the Occupational Safety and Health Act of 1970. Here I’ll show you how the Court read the OSH Act in an embarrassingly flimsy way by flouting two basic rules for reading […]

January 14, 2022
News & Commentary

Tascha Shahriari-Parsa

Yesterday, the Supreme Court blocked OSHA’s nationwide vaccine or mask-and-test mandate for private businesses with over 100 employees, while allowing a separate, narrower yet stricter mandate affecting the health care industry to remain standing. Under OSHA’s rule, qualifying employers needed to require that their employees be either vaccinated against COVID-19 or wear a mask at […]

January 7, 2022
News & Commentary

Hannah Finnie

The Supreme Court will hear fast-tracked oral arguments today in a consolidated set of cases challenging the Biden administration’s OSHA Emergency Temporary Standard (ETS) protecting workers against contracting COVID-19 at work and challenging a similar mandate from the Department of Health and Human Services (HHS). The OSHA ETS requires companies with 100 or more employees […]

January 5, 2022
News & Commentary

Fred Wang

Two years into the COVID-19 pandemic, remote work appears here to stay. As infection rates have surged in recent weeks, many employers across the country have instructed their employees to continue working remotely, putting a halt to company return-to-office plans. And it appears increasingly likely that working from home will remain the long-term norm—at least […]

November 5, 2021
News & Commentary

Tascha Shahriari-Parsa

Yesterday, OSHA publicized a new rule—an emergency temporary standard (ETS)—that mandates workers at U.S. companies with 100 or more companies to either receive COVID-19 vaccinations or undergo weekly testing and wear a face covering at work. The rule takes effect today, and sets a deadline of December 5th—a month away—for employers to comply by the […]

July 8, 2021
News & Commentary

Maxwell Ulin

Yesterday, the White House announced that President Biden plans to issue an executive order encouraging the Federal Trade Commission (FTC) to restrict businesses’ use of employee non-compete agreements. So-called “non-competes”, which ban or restrict workers from seeking similar jobs at rival firms, are employed by roughly half of all private-sector businesses in the United States […]

June 29, 2021
News & Commentary

Jon Levitan

President Biden—who promised to be the most pro-union president in history—is coming under fire for nominating a management-side labor and employment lawyer to the Federal Bench. In an essay in Slate, Jenny Hunter criticized Biden’s nomination of Christine O’Hearn to become a federal judge in the District of New Jersey. Hunter is not alone; last […]

June 10, 2021
News & Commentary

Maxwell Ulin

The Occupational Safety & Health Administration (OSHA) has published its long-awaited emergency temporary standard (ETS) to its website this morning. The rule mandates that covered employers implement comprehensive COVID-19 safety plans, install barriers and improved ventilation, provide personal protective equipment (PPE) to employees, enforce social distancing, and grant employees paid time off for vaccinations and […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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January 30, 2022

GOP Senators Owe Judge Sung an Apology

How Not to Read the OSH Act

January 14, 2022

January 7, 2022

January 5, 2022

November 5, 2021

July 8, 2021

June 29, 2021

June 10, 2021