As you may have heard, the 6th Circuit Court of Appeals has lifted the order that blocked the implementation of the vaccine/testing mandate for employers with over 100 employees. This mandate originated from an OSHA Emergency Temporary Standard (ETS). The three members of the 6th Circuit Court of Appeals Panel held (by a 2 – 1 vote) that the Coronavirus pandemic was of sufficient severity and potential for harm to employees across the country such that OSHA had the proper legal authority to implement the ETS. OSHA has indicated that it will begin enforcing the requirements of this mandate on February 9, 2022, but employers with over 100 employees are expected to begin the process of implementing the mandate on January 9.
Many employers are considering a mandatory vaccine policy that would require employees to prove that they have been vaccinated for the COVID-19 virus in order to come back to work. Some employers (with more than 100 employees) may be required to have a vaccine policy under the “Path Out of the Pandemic” initiative announced by the Biden Administration. We are all anxiously awaiting the Emergency Temporary Standard to be pronounced by OSHA that will give some direction on the question of a mandatory vaccine policy.
By: Attorney Samuel D. Bach-Hanson – Weld Riley, S.C.
On April 16, 2020, the Wisconsin Department of Health Services (“DHS”), at the direction of Governor Tony Evers, issued a new Safer at Home Order, Emergency Order #28 (the “New Order”). This Order goes into effect on April 24, when Emergency Order #12 (the “Original Order”) expires, and will be effective through Tuesday, May 26, 2020.
On April 13, 2020, the Wisconsin Department of Financial Institutions (DFI), at the direction of Governor Tony Evers, issued “Emergency Guidance on Prohibited Debt Collection Practices”. The Guide reminds debt collectors of the prohibitions on debt collection under the Wisconsin Consumer Act. And it goes further to warn that what were considered permissible debt collection practices may not be permissible during the State’s lockdown.
On Friday, March 27, 2020, Governor Evers held a press conference introducing Emergency Order #15 which he described as necessary to protect our communities and residents from the effects of COVID-19. The Order was signed on Friday, March 27, 2020, becoming effective immediately. It will remain in effect for sixty (60) days – until May 26, 2020.
In response to the COVID-19 global pandemic, President Trump on Wednesday signed into law an emergency relief package (https://www.congress.gov/bill/116th-congress/house-bill/6201/text), which, among other things, provides paid leave to many American workers if they need to take time off work due to the coronavirus. The legislation becomes effective no later than 15 days after its enactment.