Client Alerts

On Thursday, January 13, 2022, the United States Supreme Court issued a stay of OSHA’s COVID–19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402 (“ETS”), which required employees of companies with more than 100 employees to either be fully vaccinated or else wear masks and regularly be tested. 

Stellantis has issued new Terms of Purchase and related documents.

In the highly anticipated case challenging the Department of Health & Human Services (HHS), Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule mandating COVID-19 vaccinations for all staff in participating health care facilities (CMS Rule), on January 13, 2022, the Supreme Court ruled in CMS’s favor and stayed enforcement of injunctions issued by two District Courts.

During the “Great Resignation” of 2020 and 2021, employees quit their jobs in record numbers.

In this “sequel” reminiscent of the Fast and Furious franchise, we supplement our last five Health Care Client Alerts to update health care providers attempting to chart a course on “shot-or-test” and vaccine mandates.

Much has developed during the holiday season. Courts moved back and forth on various vaccine mandates, the federal government halted implementation of vaccine deadlines or pushed them back

You might recall that in March 2020, Butzel signed a letter in which over twenty law firms from across the United States urged the Federal Trade Commission (FTC) that the federal government should not interfere in state non-compete laws. 

On December 20th Governor Gretchen Whitmer signed into law a landmark package of economic development legislation designed to provide funds and incentives necessary to ready strategic property and attract large manufacturing projects such as the recent EV battery projects lost to other states.

In a dramatic extension of existing U.S. policies designed to prevent trading partners from utilizing forced labor to produce products exported to the United States, over the Christmas holiday on December 23rd, President Biden signed a law recently passed by Congress focused specifically on the Xinjiang Uyghur Autonomous Region (Xinjiang) in China.

We supplement our last four Health Care Law Alerts with this update of significant court decisions affecting health care providers attempting to chart a course on “shot-or-test” and vaccine mandates.

On December 14, the Equal Employment Opportunity Commission (EEOC) issued new guidance relating to when Covid-19 is a “disability” under the ADA and the Rehabilitation Act.

Over the last few weeks we have issued client alerts on the status of the OSHA Interim Final Rule (IFR) regarding vaccines and testing requirements for all employers, as well as the CMS IFR directed at healthcare organizations, and the rules aimed at federal contractors.

As many of you know, all Department of Defense (DoD) contractors that store, process, or transmit covered defense information (CDI) are subject to DFAR 252.204-7012. 

Collecting art is fulfilling for both personal and investment reasons.  

Butzel has issued numerous Client Alerts in recent years highlighting the antitrust risks when employers enter into wage-fixing or no-poach agreements covering the employees for which they compete. 

As 2021 draws to a close, the use of noncompete agreements under Illinois law is about to change in significant ways. 

Beginning February 1, 2022, supply and service federal contractors must register for a newly established Office of Federal Contractor Compliance Programs (OFCCP) Contractor Portal. Registration will require a contractor’s Federal Tax Identification Number, legal business name, DUNS number and NAICS code. 

On November 30, 2021, U.S. District Judge Gregory F. Van Tatenhove granted a request for a preliminary injunction regarding President Biden’s vaccine mandate for federal contractors.  The case is Commonwealth of Kentucky et al. v. Biden et al., case number 3:21-cv-00055, in the U.S. District Court for the Eastern District of Kentucky. 

Yesterday, the Government asked the Sixth Circuit Court of Appeals to lift the pre-lottery stay of the enforcement of the OSHA Interim Final Rule for employers with 100 or more employees (OSHA IFR) entered by the Fifth Circuit Court of Appeals.

Recent headlines trumpeted the award of $24 million to a former Hyundai employee for informing NHTSA of previously undisclosed vehicle safety defects.