In National Federation of Independent Business, et al v. Department of Labor, Occupational Safety and Health Administration, et al, 595 U.S. ___ (Jan. 13, 2022), the U.S. Supreme Court stayed OSHA’s emergency temporary standard that required certain private employers (with at least 100 employees) to require covered workers to receive a COVID-19 vaccine, with an…
Read More SCOTUS Largely Strikes Down Biden/OSHA Vaccine Mandate
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In a decision filed today, Palmer et al v. Amazon.com, Inc. et al (EDNY 20-cv-02468 Nov. 2, 2020), the Eastern District of New York granted defendants’ motion to dismiss plaintiffs’ complaint, which asserts (i) public nuisance, (ii) breach of the duty to provide a safe workplace under NY Labor Law § 200, (iii) failure to…
Read More Court Dismisses COVID-19 Related Suit Against AmazonIn a 42-page opinion issued last week (copy below), Southern District Judge Colleen McMahon held that the federal Occupational Safety and Health Act’s (“OSHA”) crane regulations did not preempt the New York City Building Code’s crane regulations (codified at Title 28 of the New York City Administrative Code). According to the Court, OSHA “is a…
Read More Federal Court rules that New York City statutes and regulations governing construction cranes are not preempted by OSHA regulations