Employer Handbook Posts for 12/17/2021
View this email in your browser
The Employer Handbook by Eric B. Meyer

And just like that, the CMS vaccine mandate is back on in 26 states. Ok, 25 states. Maybe.

Workplace Safety / Violence


On Wednesday, the Fifth Circuit Court of Appeals — the same federal appellate court that stayed OSHA’s vaccine-or-test Emergency Temporary Standard — breathed new life into another federal vaccine mandate. I’m talking about the Center for Medicare and Medicaid Services healthcare COVID-19 vaccine mandate (the “CMS Rule”).

A few weeks ago, a federal judge in Louisiana had entered a nationwide injunction to block the CMS Rule. The CMS Rule requires the staff of twenty-one types of Medicare and Medicaid healthcare providers to receive one vaccine by December 6, 2021, and the second vaccine by January 4, 2022. Otherwise, the government can withhold Medicare and Medicare funding.

After the federal judge blocked the CMS Rule, the government appealed. It asked the Fifth Circuit to stay the nationwide injunction.

In this six-page opinion, the Fifth Circuit denied the motion insofar as the order applies to the 14 plaintiff states in the lawsuit (Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio). However, the Fifth Circuit granted a stay for the rest of the country.

So, the CMS mandate is back in play in 36 states, DC, and U.S. territories, right? Well, not really. A Missouri federal court previously granted an injunction in ten other states (Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming). And the Eighth Circuit denied a stay pending appeal.

So, ok, 26 states then.

Well, not so fast. Because also on Wednesday, with the ink barely dry on the Fifth Circuit’s opinion, a Texas federal court blocked the CMS Rule — but just in Texas.

So, covered businesses in California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and Wisconsin technically must abide by the CMS Rule.

Right, CMS?

Well, it’s unclear because CMS hasn’t updated its website yet.

I guess that enforcement efforts will remain on hold until the Supreme Court opines, which isn’t that far away. Late yesterday, the government filed papers with the Supreme Court to appeal the rulings of the Fifth and Eighth Circuits.

Perhaps I’ll detail these filings on Monday.




My firm, FisherBroyles, has entered the Am Law 200, the ranking of the largest 200 law firms in the United States

FisherBroyles, LLP, which added more partners in 2020 than nearly all of the Am Law 200 firms, is the first distributed law firm to crack the list.

The press has been loving us something vicious (here, here, here, and here). And so have lateral partners. What's the attraction (besides me, of course)?
  • The firm is recession-proof. Attorneys continue to get paid exactly what they earn. Indeed, our partners always keep 80% of the revenue from work that they bring in and perform.
  • There are no sharp elbows, star chambers, or billable-hour requirements (among other highlights).
  • Me! (Duh.)
We are so much different than other large law firms. And, yes, FisherBroyles, the first and largest distributed model law firm in the world, is still hiring!

If you have AmLaw200 experience and a significant portable book of business, we should really talk. You can reach me confidentially. Text or Signal: (202) 441-1424.
The Employer Handbook has a YouTube Channel. If you've missed any of the recent Zoom Office Hours, watch them on YouTube here. While you're there, be sure to subscribe to the channel. That way, you won't miss any updates.

How long has it been since your business has dusted off and updated its employee handbook?
With everything that's gone on recently, plus new legal changes in store for 2021, there is no better time to update it. My team and I can be of service.

If you'd like our help, please email me for more information.
Looking for a compliance trainer or a speaker for your next HR event? I come in two varieties, clean-shaven or Duck Dynasty. Click here for booking details.

Here's what you may have missed recently...

Copyright © 2021 The Employer Handbook, All rights reserved.

Unsubscribe | Update subscription | Preferences | Disclaimer | Privacy Policy | Attorney Advertising

Email Marketing Powered by Mailchimp