Supreme Court Stays OSHA ETS Vaccination and Testing Mandate

Supreme Court Stays OSHA ETS Vaccination and Testing Mandate

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement for private employers with 100 or more employees.

ETS Litigation – The ETS went into effect on and has been in litigation since Nov. 5, 2021. It was blocked by the 5th U.S. Circuit Court of Appeals early on but was reinstated by the 6th Circuit on Dec. 17, 2021.

SCOTUS Reasoning – In its published decision, SCOTUS stated that OSHA was not given the power to regulate public health more broadly than occupational dangers. In addition, SCOTUS explained that challenges to the ETS were likely to succeed on the merits because the agency lacks the authority to impose the mandate. Specifically, the OSHA Act only allows the agency to set workplace safety standards, not broad public health measures. Finally, the court argues that the requirement that employees either become vaccinated or undergo weekly testing is not an exercise of federal power. Instead, SCOTUS stated the ETS represents a “significant encroachment into the lives—and health—of a vast number of employees.”

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HR Newsletter: EEOC Issues New Guidance on COVID-19 and ADA Disability


On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA).

ADA and COVID-19 Background – Under the ADA, employers with 15 or more employees may face liability if they take certain adverse employment actions against individuals who have been diagnosed with or are believed to have COVID-19. The ADA also requires these employers to provide reasonable accommodations for individuals with disabilities, including any related to COVID-19. Smaller employers may be subject to similar rules under applicable state or local law.

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HR Newsletter: CDC Recommends Shorter COVID-19 Isolation and Quarantine

CDC (Centers for Disease Control)

On Monday, Dec. 27, 2021, the Centers for Disease Control and Prevention (CDC) reduced its recommended periods for COVID-19 isolation (confirmed COVID-19 infection) and quarantine (potential COVID-19 exposure). Asymptomatic individuals infected with COVID-19 have been told to isolate for five days from the day they test positive—down from the original 10. After, they should wear a mask when around others for an additional five days.

The CDC’s new quarantine guidance was similarly updated. People who are unvaccinated or are more than six months out from their second vaccine dose (or more than two months after getting the Johnson & Johnson vaccine) and not yet boosted should avoid others for five days after COVID-19 exposure. Then, they should diligently wear a mask for an additional five days afterward.

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HR Newsletter: Attraction & Retention Q1

Attraction and Retention Q1

We recently released the 1st quarter Attraction and Retention Newsletter.  This edition of the newsletter includes the following information:

  • 3 Pandemic-influenced Recruiting Trends to Watch in 2022
    • Remote Interviewing and Scheduling
    • Passive Candidate Recruiting
    • Holistic Benefits Offerings
  • The Case for Considering “Boomerang” Employees
    • Easier Vetting
    • Faster Onboarding
    • Greater Skillsets

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HR Newsletter: 5 HR Trends to Watch in 2022

5 HR Trends to Watch in 2022

Many human resources (HR) functions were quickly reimagined in 2021 due to the COVID-19 pandemic, and organizations can continue to expect new employment-related challenges in 2022. Here are five HR trends to monitor this upcoming year:

  1. Hybrid Workplace Sustainability – Most workplace leaders expect that at least some of their employees will work remotely after the pandemic. As such, many employers will factor in hybrid work when creating or updating workplace policies and processes.
  1. Attraction and Retention Amid Labor Shortages – The current labor shortage has been an obstacle for most employers and is likely to continue into the new year. Generally, employees are seeking opportunities that offer better compensation, benefits and flexible work arrangements.

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Faking COVID? Lack of COVID Tests Spell Nightmare for HR Workers

HR expert Rob Wilson explains how COVID continues to challenge HR guidelines

COVID Self-TestAccessible and accurate COVID testing is a crucial part of our return to the ‘new normal,’ particularly when it comes to getting employees back to work. This is especially true when it comes to businesses which haven’t yet required the COVID vaccine, and instead will accept negative COVID test results from unvaccinated staff.

One way that many human resource departments have navigated the challenging and divisive issue of vaccine mandates is by accepting negative COVID results in their stead. But as many cities in America are grappling with COVID testing shortages, this stopgap is no longer a viable solution, especially as even fully vaccinated people are now getting the new strain of the virus and the CDC has said that fully vaxxed Americans are still spreading Omicron,” says Rob Wilson, President of Employco USA, a nationwide employment solutions firm with clients across the country.

“And, the surge in COVID testing means that results are taking longer than before, especially without adequate lab staffing. So even if your employees CAN get tested quickly, they may be waiting days for the results.”

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Bye, Bye Boss! Jobs Report Shows 4.5M People Quit in November

Employment trends expert examines reasons behind Great Resignation and what employers can do

The Great ResignationThe Great Resignation just became the Greatest Resignation. The January jobs report reveals that a record number of people quit their positions in November… 4.5 million of them, in fact.

Is it true that people just don’t want to work, or what can explain the millions of people who have decided they no longer need gainful employment?

Rob Wilson, employment trends expert and President of Employco USA, a nationwide employment solutions firm with clients across the country, weighs in:

“While much of the media focus has been on the fact that white-collar workers are turning in their proverbial keycards, this latest jobs report actually reveals that it is low-wage workers who are quitting in the millions,” says Wilson. “Sectors like food service and hospitality are the ones who have been hit hardest by the Great Resignation.”

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Employco USA Welcomes Four New Team Members

A human resource and employment solutions firm, Employco USA is pleased to announce the growing expansion of its staff.

Employco USA Welcomes Four New Team Members

Employco’s newest team members include:

Elizabeth Goldenstein, Payroll Specialist – Elizabeth comes to us with two decades of experience in human resource and payroll systems. She will be responsible for processing payroll for Employco clients.

Maria Zanfardino, Payroll Specialist – Maria joins our team with an extensive background in finance and has specialized in payroll for the last three years. She will be responsible for processing payroll for Employco clients.

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Court Reinstates OSHA Vaccination Mandate

 Emergency Temporary Standard (ETS)

On Friday Dec. 17, 2021 the 6th Circuit Federal Court of Appeals reinstated the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID-19. The 6th Circuit decision reverses the stay ordered in November by the 5th Circuit and allows OSHA to resume ETS implementation and enforcement nationwide. The ETS establishes a mandatory vaccination policy requirement for private employers with 100 or more employees.

ETS opponents have already filed an appeal with the U.S. Supreme Court challenging the 6th Circuit’s decision.

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