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On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) unveiled its long-awaited Emergency Temporary Standard (ETS) regarding the Coronavirus Disease 2019 (COVID-19) vaccination, vaccination verification, face coverings, and testing.

The COVID-19 ETS requires employers with more than 100 employees to develop, implement, and enforce either: (1) a mandatory COVID-19 vaccination policy; or (2) a policy requiring employees to choose between getting vaccinated or undergoing regular COVID-19 testing and also wearing a face covering at work. The COVID-19 ETS will remain in effect for at least six months. The COVID-19 ETS requirements go into effect in 30 days (Dec. 5, 2021), except for the testing requirements, which go into effect in 60 days (Jan. 4, 2022). Any lawsuits challenging the ETS must be filed in the appropriate United States Court of Appeals by Jan. 4, 2022.

Click here to read the full GT Alert.

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Photo of Michael T. Taylor Michael T. Taylor

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael

Michael Taylor is Chair of the firm’s Labor & Employment Practice’s OSHA group. He focuses his practice exclusively on representing employers regarding Occupational Safety and Health Administration (OSHA) and Chemical Safety Board (CSB) matters across the country. Over the last eighteen years, Michael has defended scores of employers during enforcement litigation before federal OSHA, Cal-OSHA, SC-OSHA, WA-DOSH, as well as other state plan states. Many of these representations have involved a significant injury, fatality, or catastrophic event in the workplace.

Currently, Michael is providing guidance to employers regarding appropriate engineering, work practices, administrative controls, and personal protective equipment when dealing with COVID-19 in the workplace. Michael also provides OSHA compliance counseling, OSHA inspection counseling, OSHA whistleblower representation, and OSHA due diligence reviews, and CSB investigations for clients.  Michael has wide-ranging experience in the workplace safety field, including his prior public service as General Counsel to the Occupational Safety and Health Review Commission, the federal agency in charge of the trials and appeals of workplace safety and health disputes between federal OSHA and the regulated community. In 2013, EHS Today named Michael as one of the Top 50 People Who Most Influenced Environmental, Health, and Safety. A highly committed advocate, Michael’s clients can rely on him to be present and engaged regarding any workplace safety and health issue in any state across the country.

‡ Admitted in the District of Columbia. Not admitted in Virginia. Practice in Virginia limited to federal OSHA and proceedings before federal agencies.

Photo of Johnine P. Barnes Johnine P. Barnes

Johnine P. Barnes has wide-ranging experience in litigating and defending administrative claims of harassment; retaliation and discrimination on the basis of age, race, sex and disability; wrongful discharge and breach of contract issues; and client compliance with the American with Disabilities Act, the…

Johnine P. Barnes has wide-ranging experience in litigating and defending administrative claims of harassment; retaliation and discrimination on the basis of age, race, sex and disability; wrongful discharge and breach of contract issues; and client compliance with the American with Disabilities Act, the Family and Medical Leave Act and other federal and state statutes governing employment. Johnine has counseled and represented companies, government agencies and associations on labor law issues, including the Fair Labor Standards Act, as well as analogous state statutes, collective bargaining, grievance arbitration and National Labor Relations Board proceedings. In addition to her labor and employment practice, Johnine’s practice also includes business litigation matters. She has experience handling non-compete agreements disputes, contract disputes, trade secret matters, international disputes, white collar crimes claims, property interest disputes and legislative matters.

Amelia A. Esber

Amelia A. Esber represents clients in jury trials, arbitrations, mediations, and other aspects of the dispute resolution process with a focus on labor and employment law and commercial litigation. Her employment law practice includes matters arising from claims of discrimination, harassment, wrongful termination…

Amelia A. Esber represents clients in jury trials, arbitrations, mediations, and other aspects of the dispute resolution process with a focus on labor and employment law and commercial litigation. Her employment law practice includes matters arising from claims of discrimination, harassment, wrongful termination, restrictive covenants, wage and hour disputes, and other personnel-related issues.

Amelia’s practice extends to occupational safety and health defense, including the representation of clients in federal Occupational Safety and Health Administration (OSHA) and equivalent state agency investigations, contesting alleged safety and health violations in administrative hearings, and appealing administrative decisions to higher courts. She also drafts and revises internal company health and safety policies and procedures. When injuries or fatalities occur in the workplace, Amelia provides rapid response services such as on-the-scene investigation, evidence collection, and defensive pre-litigation actions.

Photo of Deitra Jones Deitra Jones

Deitra S. Jones is a member of the Labor & Employment Practice in Greenberg Traurig’s Atlanta office. She has experience representing employers on a variety of labor & employment matters, ranging from single plaintiff claims to complex class and collective actions. Her litigation…

Deitra S. Jones is a member of the Labor & Employment Practice in Greenberg Traurig’s Atlanta office. She has experience representing employers on a variety of labor & employment matters, ranging from single plaintiff claims to complex class and collective actions. Her litigation and arbitration experience includes defending employment discrimination, harassment, retaliation, and wage and hour claims. Her practice also focuses on advancing the business goals of clients by providing practical advice on a variety of employment issues. These issues often involve HR policies, restrictive covenants, employee handbooks, compliance with employment-related laws and guidance, litigation avoidance, and internal investigations. Additionally, Deitra has experience providing employment-related due diligence in corporate transactions.

Photo of Adam Roseman Adam Roseman

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has

Adam Roseman focuses his practice on federal and state labor and employment investigations, counseling and litigation arising under Title VII, the Fair Labor Standards Act, whistleblower retaliation under Sarbanes-Oxley and Dodd-Frank, the Occupational Safety and Health Act, and restrictive covenants. Adam also has experience on white collar matters, representing clients during internal investigations and in civil and criminal government enforcement actions including the defense of qui tam/False Claims Act complaints.