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...
North Dakota Employer
Register Now For Vogel Law Firm’s 2022 Employment Law Seminar!
Join us for our biennial employment law update! Ever-changing labor and employment laws and regulations are an endless challenge for HR professionals and business owners. That’s why every other year we offer our Vogel Employment Law Update, bringing you the latest...
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...
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...
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...
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...
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+...
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...
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)...
North Dakota Employer’s Blog: Is Your Parenting Leave Policy Ready for a Baby Boom?
Early on in the COVID-19 pandemic, there was speculation of a baby boom in the coming months due to couples spending virtually all their time at home together, perhaps with too much “downtime.” An immediate baby boom ended up not occurring, according to a recent...