Skip to main content

Breaking: U.S. Supreme Court To Hear Challenges to Vaccine Mandates


Late breaking news in the latter part of the day has started to become somewhat routine as of late, no?

Earlier this evening, the U.S. Supreme Court announced it will hear arguments on January 7th in regard to President Joe Biden’s test or vaccine mandate for large scale employers as well as a challenge to a vaccine mandate for healthcare workers.

Readers recall that there have been ongoing challenges to these mandates in recent weeks.  Of course, while there had been stays previously issued, these mandates are currently in place much to the confusion of employers and employees alike.  After all, these mandates had been issued, then stayed, and then put back in place.  (For healthcare workers, a stay still exists though for any healthcare worker at any facility that receives Medicare or Medicaid funds.)  Needless to say this has left many confused as to what is/is not required.

With that being said, it will be interesting to see how these arguments play out before the Supreme Court next month.  While the arguments themselves will be interesting to hear, I am more curious to see the questions put forth by the Justices as perhaps providing a nod to which way the Court might lean in its rulings.

Stay tuned.  This one is certainly worth keeping an eye on in the coming weeks.


For additional information:  https://www.washingtonpost.com/politics/courts_law/biden-vaccine-mandates-supreme-court/2021/12/22/dd3bab94-6382-11ec-a7e8-3a8455b71fad_story.html

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...