Taking Care of HR Business
        A blog from the attorneys of Verrill

        BREAKING: The Supreme Court Blocks OSHA COVID Vaccine/Testing Rule (NFIB v. OSHA) and Allows the Healthcare (Medicare/Medicaid) Vaccine Rule (Biden v. Missouri) to Take Effect

        January 13, 2022

        In NFIB v. OSHA, the Court focused its decision on OSHA’s emergency temporary standards which require the Secretary to show (1) “that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (2) that the emergency standard is necessary to protect employees from such danger.” 29 U.S.C. §655(c)(1). The Court held that OSHA’s rule did not meet this rigorous standard. The Court also referenced the standard’s lack of diversification around various industries or risk of exposure as being too broad and announced: “The Act empowers the Secretary to set workplace safety standards, not broad public health measures”.

        Conversely, in Biden v. Missouri, the Court found that the mandate should be upheld as the actions of the Department of Health and Human Services were within the limits imposed by Congress, also noting that the Department had a history of issuing rules similar to the one at issue.

        What does this mean for your business?

        • Before calling off implementation plans, make sure you do not fall under the Healthcare Rule or the Federal Contractor Vaccine Rule. The Federal Contractor Vaccine Rule remains stayed and the CMS Rule has been upheld by the Supreme Court
        • If you will not be moving forward with a vaccine mandate, dispose of employee vaccination records in a safe manner and communicate any change in plans to your employees.
        • Recall that the General Duty Clause remains in effect and employers have an obligation to provide a safe work environment for employees. OSHA’s ETS can be viewed as guidance as it relates to obligations under the General Duty Clause.

        Contact a member of Verrill’s Employment and Labor group if you have questions as to this recent ruling.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...