Less than three days after the Occupational Health and Safety Administration (“OSHA”) released its November 4, 2021 emergency temporary standards on COVID-19 vaccines and testing (the “ETS”), on November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the ETS, citing the “grave statutory and constitutional issues with the Mandate.” As previously reported, the OSHA ETS mandates that by January 4, 2022, all employers with 100 or more employees have its employees be vaccinated or subject to COVID-19 testing and masking requirements by January 4, 2022. The ETS also contains a host of other compliance obligations that employers would need to put in place by December 5, 2021, if the ETS survives legal challenge.
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Morrison & Foerster associate Samuel Ison contributed to the writing of this post.
Andrew R. Turnbull
Andrew Turnbull represents companies on a broad range of labor and employment litigation and counseling matters. He has successfully defended clients in complex employment litigation before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, including advising on all aspects of OFCCP compliance, creating and implementing affirmative action plans, defending OFCCP audits and onsite investigations, conducting mock pay equity audits, drafting and developing business ethics policies and programs, and complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act. More ›
Krista A. Nunez
Krista Nunez is an associate in the Government Contracts practice in Morrison & Foerster’s Washington, D.C. office.
Krista advises clients on various contract matters, including bid protests, internal and external investigations, contract claims and disputes, and compliance with federal statutes and regulations. Before joining the firm, she clerked for the Honorable Loren A. Smith at the U.S. Court of Federal Claims.
Krista regularly represents contractors in More ›
Jinny S. Hwang
Jinny Hwang advises and represents employers across a broad range of employment law issues, with particular focus on wage and hour class actions and representative and/or collective action matters. She has counseled clients on California Labor Code compliance as well as defending against EEOC and DFEH charges of discrimination.
Prior to joining Morrison & Foerster, Jinny was an employment and litigation associate at an AmLaw More ›
Monica A. Rodriguez
Monica is an experienced and creative litigator and counselor who defends and advises clients across a variety of industries, including healthcare, retail, restaurant, higher education, hospitality, and transportation and logistics. Monica has significant experience representing clients in class and representative action lawsuits alleging wage-and-hour violations in state and federal court. Monica also has extensive experience representing employers in high-stakes single-plaintiff lawsuits alleging claims of More ›
Samuel A. Ison
Samuel Ison is an associate in the Litigation Department of Morrison and Foerster’s San Francisco office.
Samuel received his J.D. from New York University School of Law, where he was a Furman Public Policy Scholar, a Student Fellow at the Center for the Administration of Criminal Law, and Executive Articles Editor for NYU Law’s Annual Survey of American Law. While in law school, Samuel worked More ›
