The North Dakota Employers Blog Krisann

The North Dakota Employer’s Blog: Proposed Independent Contractors Rule is Released

As promised, today the U.S. Department of Labor (DOL) issued a proposed rule under the Fair Labor Standards Act (FLSA) on the misclassification of employees as independent contractors. The proposed rule would replace the Trump-era rule of 2021, which has made it easier for employers to classify workers as independent contractors rather than employees by…
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The North Dakota Employers Blog Lisa

Osha Withdraws Large Employer Ets: But Wait, There Is More Coming . . .

To our dedicated followers, if you are keeping score, we last reported that the U.S. Supreme Court temporarily blocked the Emergency Temporary Standard dictating larger employers implement a vaccine or testing mandate in its decision on January 13, 2022. (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate).  OSHA announced today that it is…
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The North Dakota Employers Blog Vanessa

Nationwide Injunction Lifted on CMS Vaccine Mandate; Mandate Remains Enjoined in N.D.

Back in November, we informed you that a federal court in Missouri temporarily halted the Centers for Medicare & Medicaid Services (CMS) rule, requiring mandatory COVID-19 vaccination policies for most employers participating in Medicare and Medicaid programs, in 10 states, including North Dakota.  After that decision, a separate federal court in Louisiana issued a nationwide…
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The North Dakota Employers Blog Vanessa

Stay Lifted on OSHA ETS

On December 17, 2021, the Sixth Circuit Court of Appeals issued an opinion, dissolving the stay on the Occupational Safety and Health Administration’s emergency temporary standard (ETS) for large employers. What does this mean?   This means OSHA’s ETS rule, requiring COVID-19 vaccinations or weekly testing, is back on and in effect for employers with 100+…
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The North Dakota Employers Blog Krisann (1)

North Dakota Employer’s Blog: A Third Mandate on Hold. Federal Contractor/Subcontractor COVID-19 Vaccine Order Blocked Nationwide.

On December 7, 2021, a third COVID-19 vaccine directive from the Biden administration has been placed on hold. Previously in September, the Biden administration issued Executive Order 14042 (“Ensuring Adequate COVID Safety Protocols for Federal Contractors”), which directed covered contracts to include a clause that federal contractors and any subcontractor (at any tier) must incorporate…
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The North Dakota Employers Blog Krisann

North Dakota Employer’s Blog: Another Mandate on Hold. CMS Mandatory COVID-19 Vaccination Rule Blocked in North Dakota.

On November 29, 2021, a federal judge in Missouri temporarily ordered that the Centers for Medicare & Medicaid Services (CMS) stay implementation and enforcement of its interim rule requiring health care settings that participate in Medicare and Medicaid programs to mandate COVID-19 vaccinations. The temporary stay is applicable to healthcare settings in ten states, including…
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The North Dakota Employers Blog Krisann (1)

The North Dakota Employer’s Blog: OSHA Vaccine-or-Testing ETS remains in Question, while ND Governor Burgum signs HB 1511 into Law

OSHA Vaccine-or-Testing ETS On November 12, 2021, the Fifth Circuit Court of Appeals ordered that OSHA stay implementation and enforcement of its COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), which requires private employers with 100+ employees to have vaccine-or-testing policies. The ETS is stayed until an appellate court further reviews the pending ETS to…
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The North Dakota Employers Blog Lisa

North Dakota Employer’s Blog: Hold that mandate. OSHA Vaccine ETS Blocked by the Fifth Circuit – What to do next.

Still trying to figure out the newly issued large employer Emergency Temporary Standard (ETS) requiring COVID-19 vaccination or weekly testing issued last week? Well, a federal appeals court temporarily blocked its enforcement, at least in Mississippi, Texas, and Louisiana, causing many employers to ask “what next”? The Fifth U.S. Circuit Court of Appeals issued a…
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The North Dakota Employers Blog Vanessa

North Dakota Employer’s Blog: CMS Releases Mandatory COVID-19 Vaccination Rule for Health Care Workers

The Centers for Medicare & Medicaid Services (CMS) issued a new rule, requiring health care settings that participate in Medicare and Medicaid programs to mandate COVID-19 vaccinations for most of its employees.  The rule is effective today, November 5, 2021. Here are a few key takeaways from the rule: The staff vaccination requirement applies to…
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The North Dakota Employers Blog Krisann (1)

North Dakota Employer’s Blog: OSHA’s COVID-19 Vaccination Testing and Emergency Temporary Standard Issued

The Occupational Safety and Health Administration (OSHA) released its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which will be effective November 5. The ETS requires all employers with 100 or more employees to either (1) mandate COVID-19 vaccinations; or (2) require unvaccinated employees to wear masks and test for COVID-19 on at least…
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