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…

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)…

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…

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…

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”)…

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…

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+…

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…

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…

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…