The U.S. Occupational Safety and Health Administration’s Covid-19 vaccination and testing mandate for employers with 100 or more workers has been cleared by the U.S. Office of Management and Budget’s Office of Information and Regulatory Affairs. OMB review generally is the last step in the review process setting the stage for official publication, which could come in days. Business groups, including ASA, have been meeting with the Biden administration to discuss their concerns with the ETS. In its meeting with officials last month, ASA asserted, among other things, that the high turnover of staffing agency temporary employees would impose disproportionately high testing costs and proposed that the ETS exclude employees expected to work fewer than 30 days. Recent reports suggested that the final ETS will allow employers to pass testing costs on to their employees, which would address those concerns. Any rule that is issued is expected to face immediate legal challenges that would almost certainly delay implementation.
Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?
Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.
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