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Sixth Circuit Lifts Stay On OSHA ETS: Vaccine Or Testing Mandate Reinstated For Companies With 100 Or More Employees
By: Julie Pace, David Selden, and Heidi Nunn-Gilman.
On December 17, 2021, the Sixth Circuit Court of Appeals lifted the stay on the OSHA Emergency Temporary Standard (“ETS”) requiring that companies with 100 or more employees require either employees be vaccinated against COVID-19 or be tested weekly for COVID-19.
The states who filed lawsuits to oppose the ETS have filed an emergency appeal with the U.S. Supreme Court, which has discretion whether to hear it.
I. Deadlines for Compliance with OSHA’S ETS.
OSHA has stated that it is exercising its enforcement discretion and will not issue citations for noncompliance with any aspects of the COVID-19 ETS before January 10, 2022, and will not enforce the testing requirements before February 9, 2022, in order to provide employers with time to come into compliance, provided that the company is exercising reasonable, good-faith efforts to come into compliance with the ETS.
OSHA: What Is Required Regardless Of The Stay In The Emergency Temporary Standards For Vaccination Or Testing Requirements?
By Julie Pace, David Selden, & Heidi Nunn-Gilman
What are companies required to do regardless of the Fifth Circuit’s stay of the ETS?
Make sure COVID fatigue has not made your company lax regarding items that companies are supposed to have implemented and maintained, regardless of the newly proposed COVID‑19 vaccination standards. This legal alert outlines the federal contractor vaccination requirements, the new ETS standards for private employers that are currently on hold, how to prepare if it is implemented, and outlines what companies should be doing regardless of the OSHA Emergency Temporary Standards (“ETS”).
Grady Gammage Moderates “Sparked by Disruption: The Role of Public Policy in Sustaining Pandemic-Era Innovations”
On November 15th, Grady Gammage moderated a discussion among Arizona leaders for the Morrison Institute of Public Policy 2021 State of the State event.
To watch the full recording of this panel featuring Samuel Thumma, Maria Cristina Fuentes, Corey Woods, Michael White, and Robin Reed, click here or watch below!
Gammage & Burnham Honored by U.S. News Best Lawyers®
U.S. News Best Lawyers® announced today that Gammage & Burnham is nationally ranked in seven practice areas and regionally ranked in twenty-seven practice areas. The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process, and Best Lawyers® is the oldest peer-review publication in the legal profession.
The firm was recognized for its work in the Phoenix metropolitan area in the following practice areas:
- Administrative / Regulatory Law (Tier 1)
- Banking and Finance Law (Tier 1)
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Business Organizations (including LLCs and Partnerships) (Tier 1)
- Commercial Finance Law (Tier 1)
- Commercial Litigation (Tier 1)
- Construction Law (Tier 1)*
- Corporate Governance Law
- Corporate Law*
- Employment Law – Management
- Environmental Law
- Government Relations Practice (Tier 1)
- Health Care Law (Tier 1)*
- Land Use & Zoning Law (Tier 1)*
- Litigation – Bankruptcy
- Litigation – Construction (Tier 1)*
- Litigation – Health Care
- Litigation – Intellectual Property
- Litigation – Labor & Employment
- Litigation – Land Use & Zoning (Tier 1)
- Litigation – Real Estate (Tier 1)*
- Mergers & Acquisitions Law
- Natural Resources Law (Tier 1)
- Real Estate Law (Tier 1)
- Securities Regulation*
- Securitization and Structured Finance Law
- Water Law (Tier 1)
Congratulations to all of our brilliant attorneys who have worked to make Gammage & Burnham recognized both nationally and in our community!
Adult Use Cannabis Update: Qualifying Zip Codes for Social Equity Program Applications Now Available
The Arizona Department of Health Services (“AZDHS”) recently finalized the rules governing the Social Equity Program for adult-use marijuana establishment licenses. The highly anticipated Social Equity Program rules were adopted effective as of June 1, 2021, and may be found online here.
Established by Proposition 207, the Social Equity Program is designed to make adult-use marijuana establishment licenses available to communities and individuals who have been adversely impacted by the enforcement of previous marijuana laws. To advance that goal, the recently adopted rules set forth specific eligibility criteria for those seeking to apply for an adult-use establishment license under the Social Equity Program.
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