R-Case Procedures: Where Things Stand After Recent Judicial Activity and NLRB Response

Is a person who wears glasses considered disabled under the Americans with Disabilities Act (ADA)? The answer to this question would perplex the courts for years and lead to a legendary showdown between Congress and the Supreme Court of the United States. When the dust settled, disability law would be changed forever.

In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group, for a first look at the emergency temporary standard (ETS) just released by the U.S. Occupational Safety and Health Administration (OSHA). The speakers discuss what an ETS is under the Occupational Safety and Health (OSH) Act, what it must contain, and legal arguments and procedures for how it may be challenged. Phillip and Eric also discuss various requirements for employers under the ETS including how it counts the 100+ employee minimum, how it excludes employees who work exclusively outside or remotely, and other key points.

In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group. Phillip and Eric take a first look at the Supreme Court’s decision staying the U.S. Occupational Safety and Health Administration’s (OSHA) enforcement of the Emergency Temporary Standard (ETS) until the Sixth Circuit Court of Appeals (and, ultimately, the Supreme Court) has an opportunity to weigh in on the merits. Phillip and Eric explore the implications of the Court’s stay on future court decisions, OSHA’s potential actions with regard to the ETS and the National Emphasis Program (NEP), and employer’s next steps in light of these judicial and agency actions.