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U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

By Courtney M. Malveaux, Melanie L. Paul, Patricia Anderson Pryor, Jenifer M. Bologna, Katharine C. Weber & Kristina T. Brooks on January 13, 2022
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In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).

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Photo of Courtney M. Malveaux Courtney M. Malveaux

Courtney M. Malveaux is a principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He is co-leader of the firm’s Workplace Safety and Health practice group. His practice focuses on representing employers cited by the Occupational Safety and Health Administration and other…

Courtney M. Malveaux is a principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He is co-leader of the firm’s Workplace Safety and Health practice group. His practice focuses on representing employers cited by the Occupational Safety and Health Administration and other regulatory agencies, oftentimes following catastrophic incidents.

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Photo of Melanie L. Paul Melanie L. Paul

Melanie L. Paul is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health practice group. Her practice focuses on occupational safety and health and wage and hour issues. Melanie’s clients benefit…

Melanie L. Paul is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health practice group. Her practice focuses on occupational safety and health and wage and hour issues. Melanie’s clients benefit from her unique inside experience as a trial attorney for the U.S. Department of Labor (DOL) for more than a decade.

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Photo of Patricia Anderson Pryor Patricia Anderson Pryor

Patricia Anderson Pryor is the office managing principal of the Cincinnati and Dayton, Ohio offices, as well as the Louisville, Kentucky, office of Jackson Lewis P.C. Patty remains purposefully poised on the precipice of the changing legal landscape, advising clients on everything from…

Patricia Anderson Pryor is the office managing principal of the Cincinnati and Dayton, Ohio offices, as well as the Louisville, Kentucky, office of Jackson Lewis P.C. Patty remains purposefully poised on the precipice of the changing legal landscape, advising clients on everything from vaccine mandates to the Dobbs response, to ESG and the attacks on DEI, to the impact of Loper Bright. The combination of Patty’s ability and tenacity to understand and apply workplace law to nuanced legal questions and specific situations results in clients perpetually asking this initial question, “What does Patty think?”

Patty is the National Head of the firm’s Emerging and Cross-Disciplinary Issues. She has over 25 years of experience representing and defending employers in nearly every form of employment litigation, including class actions. She represents and advises employers in federal and state administrative proceedings, in all forms of dispute resolution, including mediation and arbitration, and in managing all aspects of the employment relationship. She has represented employers before the EEOC, the DOL, the DOJ, OSHA, the OFCCP, and the NLRB, in addition to various state agencies.

Focusing on the best possible outcome for the client Patty takes a 360-degree view, working with employers to avoid litigation by developing effective policies and practices, including harassment policies, FMLA practices, attendance programs, affirmative action programs and wellness plans. She conducts proactive wage and hour audits, harassment investigations and compensation/pay equity reviews.

Patty is a core team member of the firm’s Disability, Leave & Health Management practice group and a leader of the Religious Accommodation Team. She provides practical advice to help companies respond to remote work challenges, paid and unpaid leave situations and the most challenging accommodation requests, all of which have been exacerbated by the pandemic, hybrid work and changes in the law.

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Photo of Jenifer M. Bologna Jenifer M. Bologna

Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which…

Jenifer Bologna is a principal in the White Plains, New York, office of Jackson Lewis P.C. She focuses much of her practice on assisting multi-state employers with compliance solutions, developing policies and practices that are lawful in all of the jurisdictions in which they operate.

Jenifer specializes in preventative advice and counsel on a nation-wide basis, regularly advising clients on multi-state employment law issues to address an increasingly remote and hybrid workforce. In addition, she supports employers in navigating the complex and growing body of federal, state and local leave, accommodation and benefit laws that impact an employer’s response to employees who are injured or ill, have family care responsibilities or need time to bond with children.

Jenifer’s extensive counseling experience allows her to provide nuanced advice that helps employers effectively respond to the legal and business challenges posed by the varying array of workplace employment laws. Utilizing creative legal strategies and practical advice, she guides clients through these complex issues that often demand individualized solutions.

Jenifer’s goal is to minimize her clients’ litigation risk by working with them to implement preventative strategies and constructive solutions. As such, she regularly assists employers with policy and process development or improvement, including absence management and accommodation protocols and multi-state employment policies. Understanding there is no one-size-fits-all approach, Jenifer works with clients to develop an employment law compliance strategy that best fits their specific needs.

In addition to advice and counsel, Jenifer frequently speaks on disability and absence management issues and employment law compliance, including regularly conducting workplace training on these topics.

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Photo of Katharine C. Weber Katharine C. Weber
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Photo of Kristina T. Brooks Kristina T. Brooks

Kristina Brooks is of counsel in the Albuquerque, New Mexico, office of Jackson Lewis P.C. Her practice focuses on occupational safety and health issues in the workplace, and where employee safety is concerned, is an avid believer in the saying “an ounce of…

Kristina Brooks is of counsel in the Albuquerque, New Mexico, office of Jackson Lewis P.C. Her practice focuses on occupational safety and health issues in the workplace, and where employee safety is concerned, is an avid believer in the saying “an ounce of prevention is worth a pound of cure.”

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  • Posted in:
    Employment & Labor
  • Blog:
    OSHA Law Blog
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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