Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.

On November 16, 2021, the Sixth Circuit was chosen by lottery to hear the consolidated challenges to the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) mandating COVID-19 vaccination or weekly testing for employers with 100 or more employees. On November 23, 2021, OSHA filed a motion for the Sixth Circuit to dissolve the stay that had been entered by the Fifth Circuit before the various challenges were consolidated. Later that same day, the Sixth Circuit entered an order setting a briefing schedule on the motion to dissolve the stay that seems to ensure that employers will not be subject to at least the first deadline originally set by the ETS.

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 93 lawyers are included in the 2022 Edition of The Best Lawyers in America©. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Additionally, 11 attorneys are named as “Lawyer of the Year” and 14 attorneys are recognized in “Best Lawyers: Ones to Watch,” which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.

Lexington office attorney Robin McGuffin will moderate a panel discussing the impact of race in employment on September 10, 2020.

At the beginning of the COVID-19 pandemic, many employers implemented what they hoped would be temporary furloughs. However, as the pandemic has progressed, employers may now realize that the furloughs will last longer than expected or become permanent layoffs.

Navigating an employee’s request for an accommodation pursuant to the Americans with Disabilities Act (“ADA”) can feel like walking a tightrope—an employee’s requested accommodation may appear to exceed the limits of all reasonableness, but it can be difficult to know when an employer can finally say “no” without fear of liability. A recent decision from the Sixth Circuit provides helpful guidance on this issue.

Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 02/04/21

Many employers have policies that reward perfect attendance in some fashion. A recent ruling from the Sixth Circuit makes clear that, in many cases, such policies must not consider leave taken pursuant to the Family and Medical Leave Act (“FMLA”) as something that “resets” the employee’s attendance streak.