OSHA ETS Hangs Over the Heads of Covered Employers - Future is Uncertain ~ Symphony Employer Solutions Keeps YOUR Business Compliant

OSHA ETS Hangs Over the Heads of Covered Employers – Future is Uncertain

Background

The Biden administration called upon OSHA to create a vaccination mandate by use of an OSHA Emergency Temporary Standard. The issued OSHA standard requires businesses with 100 or more employees to comply with strict vaccination and testing guidelines for all employees who work together within indoor spaces.

OSHA ETS Blocked

A collection of Attorneys General sued to block the OSHA ETS. The U.S. Court of Appeals for the U.S. Fifth Circuit issued an emergency stay of the ETS, pending briefing and expedited judicial review. The Department of Justice then requested that the halt be lifted, contending that the administration has the legal authority to require COVID-19 vaccines or testing for larger companies and that the states that are challenging the mandate have not shown that their claims outweigh the harm of stopping of rule.

The Fifth Circuit reaffirmed its stay in a 22-page opinion, determining that the petitioners had demonstrated the required elements for a stay pending judicial review. The Court further ordered OSHA to “take no steps to implement or enforce the [ETS] until further court order.”

White House Response

The White House urged businesses to continue implementing the guidance for COVID-19 vaccines and testing, stating that they are secure in their authority. The U.S. Fifth Circuit court is located in Louisiana and may not represent the final outcome of further appeal.

For covered employers to comply with the requirements of the OSHA ETS will be a major undertaking. The outcome is uncertain. Should OSHA prevail, each employer needs to determine the risk of being unprepared for renewal. (see also: Preparing for Pending OSHA Vaccination Mandate Emergency Temporary Standards)

To assess the risk of standing still while the case winds through the courts, here are additional details on the ETS requirements: COVID-19 Vaccination and Testing ETS

Keeping Pace with the Year-End Process

Keeping Pace with the Year-End Process

As the calendar pages fall away, the final quarter of the calendar year is approaching the final month tomake sure everything is addressed properly. Now is the time to assess progress with closing out thepayroll year and to take stock of what still needs to be...

read more
MA Extends COVID-19 Emergency Paid Sick Leave Mandate

MA Extends COVID-19 Emergency Paid Sick Leave Mandate

Just hours before expiration, Massachusetts Gov. Charlie Baker signed legislation extending the mandate for state employers to continue providing emergency paid leave related to COVID-19. These COVID-19 paid leave obligations will now continue until April 1, 2022. MA...

read more
Update on MA PFML: Benefits Increase While Rates Fall

Update on MA PFML: Benefits Increase While Rates Fall

There have been recently announced changes to the Massachusetts Paid Family Medical Leave laws. On October 1, 2021, the Department of Family and Medical Leave announced that starting in 2022, the maximum benefit under PFML will increase, yet employer contributions...

read more
Federal & MA COVID-19 Leave Laws Set to Expire September 30

Federal & MA COVID-19 Leave Laws Set to Expire September 30

As of September 27, 2021, both the federal and the Massachusetts COVID-19 leave laws are set to expire on September 30, 2021, and it does not appear that either the Federal or State legislatures will be extending these laws. Click here for information on the specifics...

read more
Understanding When to Use a State W-4

Understanding When to Use a State W-4

What is a State W-4 Form? A state W-4 Form is a state-specific tax document that serves as a guide for employees to calculate their state tax withholding requirements that translates into a specific amount based on each paycheck to go towards state taxes. It works...

read more
Protect your Business with Periodic Payroll Audits

Protect your Business with Periodic Payroll Audits

For many small and medium-sized businesses, processing payroll presents the greatest risk for costly errors and the least protected financial activity when it comes to potential fraud. Both exposures can be well managed with a periodic payroll audit. Use the Symphony...

read more
Connecticut Now Requires Disclosure of Wage Ranges

Connecticut Now Requires Disclosure of Wage Ranges

Connecticut addresses wage ranges with HB Number 6380 entitled "An Act Concerning the Disclosure of Salary Ranges," which goes into effect Oct. 1. Under the new law, an employer is prohibited from: Failing or refusing to provide an applicant for employment the wage...

read more