 Last week, the U.S. Supreme Court heard arguments on challenges to both the CMS vaccine mandate and the OSHA vaccine-or-test Emergency Temporary Standard (ETS) for large employers. Most court observers agreed that a majority of the justices were skeptical of OSHA’s ability to impose its mandate, but seemed more receptive to the CMS rule. The Court’s ruling is expected any day.
 Last month in Jinks v. Credico (USA) LLC, the Massachusetts Supreme Judicial Court concluded that the appropriate method for determining whether two companies were “joint employers” for purposes of the Massachusetts wage and hour laws is to evaluate the “totality of the circumstances of the parties’ working relationship.” This is the same test courts apply when analyzing this issue under the federal Fair Labor Standards Act (FLSA).
 Chicago employers of domestic workers must provide workers, including home care workers, with a written contact beginning January 1, 2022, under a new ordinance enacted by the Chicago City Council. The ordinance applies to businesses and individuals in Chicago that employ “domestic workers,” including persons whose primary duties include housekeeping, nanny services, caregiving, personal care, or home health services. The contract, which must be written in the worker’s primary languages as requested by the worker, must include the wage and the work schedule agreed upon by the employer and the domestic worker.
 Recently, two separate federal district courts - the Western District of Louisiana and Eastern District of Missouri - issued injunctions blocking enforcement of the CMS rule mandating healthcare worker vaccinations. In combination, these rulings result in a nationwide preliminary injunction prohibiting CMS from enforcing the vaccine mandate. And last week, a federal judge in Georgia issued a nationwide injunction that prevents the Biden Administration from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts.
 All members are invited to join Polsinelli, HCAOA, and NAHC for a home care industry update on Thursday, December 16 from 12:00 – 2:00 p.m. ET.
By Angelo Spinola, William C. Vail, Christopher Razo – Polsinelli
What a week in the legal world! The Biden Administration issued a Vaccination and Testing Emergency Temporary Standard (ETS) on Thursday, November 4th, which the Fifth Circuit halted on Saturday, November 13. The Administration also issued a rule for certain healthcare providers accepting Medicare and Medicaid funding, and it pushed back the compliance date for federal contractors to comply with a third vaccination mandate. So where does that leave you? |
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