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

Minnesota Frontline Worker Payments Act

On April 29, 2022, Minnesota Governor Tim Walz signed into law the Minnesota Frontline Workers Payments Act (“The Act”) to serve as a thank you by providing bonus pay for COVID-19 frontline workers. Those who were employed for at least 120 hours in Minnesota in one or more of the eligible frontline sectors (discussed below)…
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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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Generic Nd Blog

CMS Clarifies Compliance Dates for Vaccine Mandate

In our previous blog (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate), we updated you on the United States Supreme Court’s upholding of the Center for Medicare and Medicaid Services’ (“CMS”) rule, requiring all staff for certain Medicare-certified providers to be vaccinated. Prior to this decision, the CMS rule was temporarily enforceable in…
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Generic Nd Blog

Supreme Court Blocks OSHA ETS, But Upholds CMS Vaccine Mandate

On January 7, 2022, the United States Supreme Court heard arguments on two COVID-19 related federal vaccine or test mandates. Those arguments centered on whether the Court should enjoin the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) on COVID-19 Vaccination and Testing and the Center for Medicare and Medicaid Services’ (“CMS”)…
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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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