by osha or a court. so you know, it is up to company litigation to a -- to challenge a violation that is you know one willful too willful gets you to a million and half dollars. um that will be difficult i think and it costs money to hire uh someone to battle for you, someone like my law firm. so i would like to say ms luther we're happy to counsel colombia in any and all aspects here including accommodations. that's what we've been doing throughout is to navigate the complexities and the fractured response to the pandemic that i don't think this ets will fix, and provide the uniformity employers are looking for. >> thank you for that. like you i have been double vaccinated, fully vaccinated as have my husband and children. i have administered vaccines and -- in all 24 of the counties in my congressional district. i've talked to people and persuaded people to become vaccinated, but i also respect their desire and willingness to be vaccinated. and it seems to me that when we do not recognize infection acq

caller: i have looked through the osha manual. there is no legality to what osha is doing at all. i have been through this manual 18 times. legally, they do not have the authority at all. the president has push this through osha with knowledge that they do not have the authority. and to mandate it to these corporations who are private corporations is illegal and he knows it. host: -- guest: i could not agree with you more and good for you for getting through the manual. i think your comment is right. the president -- we saw this on eviction mandates, where the white house knew it did not have the legal authority. it was under pressure from far left elements of its party. it caved to the pressure and then they got struck down in court. we are seeing the same show again where the white house knows they are on the edge were beyond legal authorities. they have said in the past there would not be nationwide mandates. now there are. like last time, when they exceed legal authority, we are going to take them to court. states are going to take them to court. we are going to represent priv

they said osha itself admitted to what osha was doing was illegal.wa the business owners also pointe out that no law passed by congress and the democracy has given osha the authority to issue a vax mandate or any mandate because of an infectiou disease that affects the entire country. congress authorized to ssprotec getting your fingers, the kid machinein. that's why foror 50 years osha never issued any kind of mandat that he must take this medicine or that medicine. through these arguments in immediately agree.di they suspended his vaccine mandate. great statutory and constitutional institutes. how do biden administration responded. how did they respond? if they call them to stop the administration ignore the court. here is a biden's aflac explaining the court orders longer applied to the him. >> we think dpeople should not wait we say do not wait to take actions that will keep your .orkplace safe it's important critical to do and waiting to get more people vaccinated will lead to more outbreaks and sickness. >> that's keeping you safe actually it's a valley in the constitution and

biden is using osha rather than permitting it to fulfill its statutory authorities. we all know his real motive. biden is shown nearly as much - pretty much do not let unvaccinated view this progress to turn it back. >> 1 million untested unvaccinated illegals. they already complain they can't get workers. we paid people for too long to stay out of the workforce. the economy is held back there because of their policies, you have seen it, service everywhere is being compromised and it will be as well. because of this mandate the worker shortage, the supply chain problem issue and inflation will all get worse but the white house will not tell you that very inconvenient truth. >> the possibility of workers quitting because of these mandates. >> if you are asking if we think the rules impact supply chain the answer is we don't think it will. vaccine requirements work. we talked about that. >> coercion works, threats work. if we had an honest press corps they would hammer the biden administration with questions about this overreach day in and day out. in typical fashion t

now, that becomes very obvious when you read what's actually in the osha rule. it doesn't require companies to pay for any of the costs associated with testing, nor does it require them to even offer testing at all. so the unvaxxed will also be forced to pay for this and then mask up at work. so you'll know who the unvaxxed are. you've got to point out the unwashed people, the unvaxxed people are buried on the other hand, oceans role requires companies give employees paid time off to get vaccinated and paid time for sick leave if they get any nasty side effects. and noncompliant businesses face fines of up to $14,000 per violation. of course that's unless democrats pass the build back better bill, which allows osha to impose fines of up to $700,000. if what's also curious in this osha mandate, it has a start date of january 4th, but it has no end date. in other words, submit now and you could be facing boosters and masks forever. biden is simply using osha to advance his own public health agenda rather than committing it -- permitting it to fulfill its statutory

that was the osha -- that was given to osha, congressional authority, to get that done to make sure we -- make sure employees are not in danger, not in grave danger. this is the direction we're going because, again, this is about putting the pandemic behind us, making sure we continue to proekt it the lives of -- protect the lives of workers. [speaking simultaneously] reporter: democratic congresswoman from virginia, ms. spanberger, telling "the new york times," nobody acted him to be f.d.r. they elected him to be normal and stop the chaos. has he seen that quote and what is his response? karine: i don't know if the president has seen this quote. i will say, it's been reported, you know, the way we see it, one of the best arguments for the build back better act is that 17 nobel prize winners in economics agree it will reduce inflationary pressures. that's incredibly important, especially in the moment we are currently dealing with this pandemic. the wall street analytics from moody's said the same and they just put out another analysis today with the build back better framework that th

they decided to create a use of osha to say this is about protecting the workplace the problem is osha has never done anything like this, it's using a thing colleen and ets an emergency temporary standard. that avoids having to do rulemaking that could take a long time. they've never done something like a vaccination of this kind. at least not mandated vaccination into toxic chemicals or physical threats in the workplace these states are saying these are way beyond the navigational beacon given the osha. the fifth circuit seems to find great credibility in that. the problem for the biden administration and made no secret that this was a workaround in the fact that it doesn't have the constitutional authority to do this directly. jon: one of the biden cabinet members was earlier saying, we played earlier at the top of the hour, osha can require hardhats on construction sites, why can it not require that you get the vaccine in order to continue on your job. >> he was making the case for these challenges. this is not a case of hardhats, this is not something that is a danger inherent in t

they said osha itself admitted that what osha was doing was illegal which is true they also pointed out that no bob passed by congress in this democracy has given osha the authority to issue a fax mandate or any mandate because of an infectiou disease that affects the entire country. instead congress from hazards that in workplaces. getting your fingers caught in candy machine and that's why fo 50 years osha has never issued any kind of mandate that you must take this medicine the fifth circuit ordered these arguments and immediately agree they suspended the vaccine mandate. the court cited and we're quoting grave statutory and constitutional issues with the mandate. great. so how did the biden administration respond? how did they respond? the court told them to stop the at the biden administration jus ignored the court. here is biden's flag explaining the court orders no longer apply . >> we think people should not wait. we say do not wait to take actions that will keep your workplace safe. it is important and critical to do and waiting to get more people vaccinated will lead to more o

osha you mentioned there, safety. osha you mentioned there. the — safety. osha you mentioned there, the occupational- safety. osha you mentioned l there, the occupational safety and health administration. so what is the test that the court needs to determine where federal authority begins and ends? ~ �* ., ., , ends? well, we're going to be at a place. _ ends? well, we're going to be at a place, this _ ends? well, we're going to be at a place, this is _ ends? well, we're going to be at a place, this is little - ends? well, we're going to be at a place, this is little bit - at a place, this is little bit tricky because this is happening in the fifth circuit in the united states, the fifth circuit court of appeals but there are other cases around there are other cases around the nation. what happens next is the test to ask is this in the purview of osha, is this something that addresses workplace safety? in the united states at this time over 745,000 people have died, 1100 people are dying related every day to covid—19 infections and so does this in some

here's the osha plan. osha, if you read this, it is 500 pages and they actually reject -- from prior infection. even though we have all this evidence. you wonder, what else are they doing based on junk science. it was not a very impressing display. >> [indiscernible] >> ok, we have got that one. now this one is the -- >> [indiscernible] gov. desantis: here is the big enchilada. the mandate. alright, here we go. that's the big one. [cheers and applause] gov. desantis: you should have one of those. [laughter] anyone else? two more. [cheers and applause] >> thank you! gov. desantis: there it is. not bad for a couple of weeks' work. i dated it, but i did not sign it. [laughter] >> the lawyer can't that. -- caught that. [laughter] gov. desantis: ok, it's right here. take a look. [applause] so, thanks. i think -- actually, we were at the airport -- was it tampa or clearwater when we did that? it was the clearwater airport. and we had a lot of great - we had firefighters with us, people from the airlines and ever

well, within osha's authority, under the law, and consistent with osha's requirements to protect workers from health and safety hazards including infectious disease. well, i can discuss this ruling now with politics, podcast, or in journalist justin. robert young, welcome to the show. just in the quote was just given their grave statutory and constitutional issues. it's a legal term. what, how would you put that? in layman's language i they can do it by their definition that it is applicable within their, their, their purview. to make this a mandated situation, and that's really what this is. osha here in america is something that most people understand as a poster that's in the back room of every office with a guy with a cast, giving a thumbs up. because it shows you that you do have rights. indeed, if you get injured on the job, what this is doing is expanding that obviously into the idea of infectious disease . they believe that they have the rights. but as of now, based on a federal court ruling, we're going to take a closer look at it. but what is the problem with income? the federa

i think osha will follow up a lot of times by phone. when the complaints are made, they will e-mail records to osha, which has to be done pretty quickly according to the rule. for the most part, most employers are going to do the right thing and figure out exactly how to follow the rule and it's going to have a big impact. >> all right, david michaels, thanks so much for your perspective, sir. >> thank you, victor. >>> okay, this is just in to cnn, another sentencing in the january 6 capitol riot. a texas real estate who had previously tweeted that she was definitely not going to jail is now going to jail. >> jennifer ryan has been sentenced to 60 days behind bars, marking the harshest punishment to anyone who pleaded guilty to a misdemeanor offense. let's go to brittany ryder. did she have anything to say when she left the courthouse? >> she had a little to say. she said the judge punished her to try to teach other people. ryan pleaded guilty in august to illegally demonstrating inside the capitol building that day. prosecutors said ry

osha says it will not implement or enforce it. court litigation is pending. what osha is saying. all 50 gop senators back a new resolution to wipe it out as unconstitutional government overreach. one of those senators, bill hag getter, he joins us coming up. first former utah congressman jason chaffetz on reports that the durham probe might be zeroing in on the hillary campaign. hillary and her testimony called out for funding and pushing the false trump russia steele dossier into the doj and the fbi. we look how far this can go and who it will take down. the story coming up. don't like surprises? [ watch vibrates ] proactive notifications from fidelity keep you tuned in all day long. so when something happens that could affect your portfolio, you can act quickly. that's decision tech, only from fidelity. ♪ ♪ traveling has always been our passion, even with his parkinson's. but then he started seeing things that weren't there and believing things that weren't true. that worried us. during the course of their disease, around 50% of people with parkinson's may experience halluc

and it said, "cal/osha fulfills its enforcement mission by conducting targeted inspections. when safety violations are found, cal/osha issues citations with a monetary penalty that requires hazards be abated." mary kay henry of the s.e.i.u. says the "fast recovery act" would ensure cal/osha works together with employers and workers to make long-needed changes in the fast food instry. >> i think we are going to see other legislative efforts like this fast food bill in california spread to other states. workers have had it. they're joining together in record numbers and are going to create the pressure that forces a national solution for fast workers. >> reporter: the bill, which failed to pass the assembly by three votes in june, will be up for reconsideration in january. >> sreenivasan: a new pbs "frontline" documentary that examines police shootings in utah will air on tuesday." shots fired" is a collaboration between "frontline" and the "salt lake tribune." here's a preview: >> drop the gun! >> in utah, a record number of police shootings. >> when you start gathering data,

these simple measures to keep their workers safe. >> osha has never done anything like this. it is using a thing called an etf or emergency temporary standard. that avoids having to do rule making and that can take a long time. >> businesses with more than 100 employees have until january 4th until the mandate kicks in, but remember as you know the supreme court could always intervene before, shannon. >> shannon: david spunt, thank you so much. now let's get more insight into the motivation for illegal challenges to the federal vaccine mandate to -- and supermarket owner from louisiana who is challenging president biden's order and got the first win on the front. thank you both for being with us tonight. >> thanks, shannon. >> shannon: brandon, why did you decide to get involved in this? >> i feel that the federal government is a massive overreach in this mandate. it is putting a wedge between me and my employees to where i am forcing them to take a vaccine for whatever the personal medical decision they decided not to take that. so i am forced to put in a position to termina

labor secretary marty walsh says the rule will be administered by osha. the occupational health and safety administration fines could reach nearly $14,000 per violation. how exactly do you plan to enforce this >> osha has done this work for over 50 years, and employers know the way to work with osha on this thing. >> reporter: starting december 5th, covered employers will also be required to give workers paid time off to get vaccinated, as well as sick leave to recover from side effects. today during a senate hearing, the cdc director rochelle walensky and anthony fauci defended the response. >> we know that mandates work. if you look at, for example, the percentage of people at united airlines or the houston medical association or other organizations that have mandated, it works 99% plus. >> reporter: but mandates remain a flash point across the country. from los angeles today -- >> no one should lose their job over a vaccine mandate. >> reporter: to lynchburg, virginia this week where dozens of workers walked off the job. >> we would like to have a comp

when you come back to what the osha rule that biden is using there are 1800 osha workers to cover 130 million workers in the country. why dragooning private sector employees to be snitches, whistle-blowers is what is going on. >> yeah. elizabeth: congress never passed any law that gives osha broad power to do a nationwide vaccine mandate. it is outside of congress's legislative powers. osha is treating, regular healthy unvaccinated workers the same as a osha work place hazard like water on the floor. >> osha has no legal authority over any kind of vaccines. congress did not give them over that. osha's primary objective to work on safety in the work place, for god's sakes. you have to have a grave danger. they're using a emergency standard to mandate this and the grave danger, if it was so grave, why are they giving them two month to institute the policy for the mandate basically? grave danger to me means toxic substances, cars again i can substances, flammable substances things that hurt the general public. this is something they have no purview over. didn't open it up for comment per

i expect the courts will strike down this illegal moratorium from osha. host: do you support or oppose that regulation for employers? if you support, (202)-748-8000. oppose it, (202)-748-8001. robert, greenville, kentucky, good morning. caller: good morning. i want to make clear that i have taken the vaccine and i have encouraged my friends to take it, which they have. what i opposes being told by the government what i should do with my health. i think people should have the right to choose for themselves. host: do you see this as an workplace safety issue and therefore the purview of the federal government? caller: i work in an industry -- i work in the poultry industry and set a processing plant. at the height of the pandemic we took steps, we put dividers between workers, everybody was masked. when you walked into the building you had to walk by a machine that took your temperature. you know, they were doing all they could to regulate who came in, who didn't. they actually got us the vaccines and those who wanted it took it. but the thing is where does

i expect the courts will strike down this illegal moratorium from osha. host: do you support or oppose that regulation for employers? if you support, (202)-748-8000. oppose it, (202)-748-8001. robert, greenville, kentucky, good morning. caller: good morning. i want to make clear that i have taken the vaccine and i have encouraged my friends to take it, which they have. what i opposes being told by the government what i should do with my health. i think people should have the right to choose for themselves. host: do you see this as an workplace safety issue and therefore the purview of the federal government? caller: i work in an industry -- i work in the poultry industry and set a processing plant. at the height of the pandemic we took steps, we put dividers between workers, everybody was masked. when you walked into the building you had to walk by a machine that took your temperature. you know, they were doing all they could to regulate who came in, who didn't. they actually got us the vaccines and those who wanted it took it. but the thing is where does

nor does osha have statutory authority. so still very confident that in the end the law is actually going to matter and we can't have a president just dictate what's going to happen in this country. ashley: i want to play this vivek murthy defending the vaccine mandate. >> the president the administration wouldn't put these flirmtsd place if they didn't think they were appropriate and necessary. the administration is certainly prepared to defend them. >> if the law survives legal challenges, will the administration be extending the mandate to smaller employers with fewer than 100 employees. >> certainly nothing is off the table at this moment. >> of course they have made it clear that nothing is off the table because months ago they were all saying we have no right to do this and now they are doing it kind of a two-part question for you here. do you think we will see any changes before that january 4th deadline for the employers with over 100 employees? do you think there is going to be any changes as far as not mandating t

osha you mentioned there, the occupational safety and health administration. so what is the test that the court needs to determine where federal authority begins and ends? well, we're going to be at a place, this is little bit tricky because this is happening in the fifth circuit in the united states, the fifth circuit court of appeals, but there are other cases being raised around the nation. what happens next is the test to ask is this in the purview of osha, is this something that addresses workplace safety? in the united states at this time over 745,000 people have died, 1,100 people are dying related every day related to covid—19 infections. and so does this in some way, as it will impact 81 million employees, 32 million that are not vaccinated, does this fall into the purview of something that osha should be looking it? both sides have filed paperwork. what happens next, what kind of timescale are we looking it? well, we're in a little bit of a tricky space once again because this is just the regulations that have come out. nothing's supposed to actual

the swamp is about to get deeper and osha with their own vaccine mandates. we are doing what we can to stop it. this is a slap in the face of hard-working americans, the people that were heroes a few months ago, now the government wants to separate them from the job by forcing them to make a choice between the jab or the job. >> any court in its right mind will issue an immediate injunction once these lawsuits are filed in earnest given the actual authority, statutory authority osha has to act. if this is an emergency hazard in the workplace suddenly when hospitalizations and deaths are down, that on its face makes no sense because it was much worse earlier in the year when the biden administration conceded it didn't have the authority to issue these types of mandates. >> absolutely. this is an unconstitutional mandate, a little common sense knows is morally wrong to separate soldiers from the military, separate our heroes, people working in the hospitals keeping us all safe and we are in the downswing of another wave and the vaccine wasn't twice as effectiv

otherwise, face stiff osha fines. potentially affected-- 84 million employees, roughly one-third of whom are believed to be unvaccinated. in a rhapsody of resentment, at least 26 states have sued the biden administration, and a federal appeals court has blocked implementation. >> we won't stand for it. osha has never used its authority like this, and it's absurd. >> reporter: enforcement could be a problem. osha doesn't have an army of inspectors to go from company to company. instead, it may have to rely on whistleblowers, workers willing to expose their noncom pliant employers. for many employers put in a tough spot, here's the positive: their deadline is january 4, after the december holidays, when companies like u.p.s. want to add workers. >> the company is trying to hire 100,000 seasonal employees nationwide. >> reporter: both amazon and walmart want to hire 150,000 seasonal workers, target: 100,000, fedex 90,000. that's on top of october's umbeat jobs report released on friday. more than 500,000 workers joined p

[video clip] >> on osha, the team has been working to >> we'll leave this program here. you can watch the rest of it on our website c-span.org.

osha is putting these rules in because it's arguing covid is a danger at work but the critics say the virus circulates everywhere, not just in the workplace what would osha have to show to justify the rules? >> well, you definitely identified a major legal argument that's going to be teed up in court. the way osha is going to respond is to say, yes, it is everywhere but that means that it's also in the workplace. and the mandate, the statutory authorization and the mandate of the agency under osha is to provide for the health and safety of the workforce in the american workplace as a result of that, in an emergency even under an urgent standard of review, which might be called the grave danger test, they still likely have the authority to do so so there's going to be definitely a drag-out legal battle here but the courts often give deference to agencies when they implement these kinds of federal regulations. >> under the rules, the vaccinated don't have to get tested, even though they can catch and spread covid does that open up osha to legal challenge? >> well, they're open to legal

the osha mandate. the back door policy what is the likelihood the supreme court will hear it and it might be overturned? >> we have a chance to win this. my state got a stay. this is unconstitutional. the president can't order osha to force people to choose between their jobs or get a vaccine. osha doesn't have that authority. they have no authority to do this and we will win. >> ken and mark you, stepped up in the states of texas and arizona. happy thanksgiving. up next why the woke mob says your kids need to be fast eaters this thanksgiving. brian kilmeade will join us with reaction. (swords clashing) -had enough? -no... arthritis. here. new aspercreme arthritis. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. welcome back to this special edition of "hannity." tomorrow is thanksgiving. that means the left wing media are hard at work trying to destroy another great american tradition with their wokeness. here's a few examples. t

osha you mentioned there, the occupational safety and health administration. so what is the test that the court needs to determine where federal authority begins and ends? well, we're going to be at a place, this is little bit tricky because this is happening in the fifth circuit in the united states, the fifth circuit court of appeals, but there are other cases around the nation. what happens next is the test to ask is this in the purview of osha, is this something that addresses workplace safety? in the united states at this time over 745,000 people have died, 1,100 people are dying related every day related to covid—19 infections. and so does this in some way, as it will impact 81 million employees, 32 million that are not vaccinated, does this fall into the purview of something that osha should be looking it? both sides have filed paperwork. what happens next, what kind of timescale are we looking it? well, we're in a little bit of a tricky space once again because this isjust the regulations that have come out. nothing's supposed to actually take effect

osha, we broke the news last night. osha suspended the implementation and enforcement of the biden vaccine mandate for private companies. okay, this is heading to the supreme court, if the mandates are ultimately overturned, what happens to all the workers let go? madison alworth has more. reporter: osha has suspended implementation of president biden's vaccine mandate for large companies as it makes its way through the courts. the cms mandate will require all health care workers at facilities accepting medicare and medicaid to be vaccinated is still moving forward. fox business spoke to two nurses in similar circumstances. jen peters who was forced to leave her job because she chose not to be vaccinated. she says that she contracted covid and wanted to wait to get the first dose while nursing her newborn. she is worried about the quality of care with so many qualified nurses forced to the sidelines. >> we're going to see the quality of health care decline. there will most likely be some staffing issues but you're also

osha previously suspended this vaccine or test rule due to lawsuits before do we stand now? that's the step the administration is taking? >> reporter: still suspended but the administration asking the court emergency order to lift the stay. remember, like three dozen of these lawsuits filed around the country. all consolidated together. the sixth circuit court of appeals based in cincinnati. the government says in a new filing, two things. basically say the court, fifth circuit court of appeals down in your neck of the woods down in new orleans put a stay on it and said that was a mistake. that the court then ruled that osha didn't have the authority, because covid isn't just a workplace thing. it's everywhere. >> everything. >> reporter: the government says, that isn't the limit of osha's authority. that osha isn't limited to hazards that crop up at work but can deal with things outside the workplace but that affect the workplace as well. secondly, if you look at the balance, they say, the down side to employers is not as bad as the down side to the country of not doing any

the occupational safety and health administration known as osha announced a new vaccine rule thursday that will require some u.s. employers to guarantee all their workers are either fully vaccinated by january 4, or require them to undergo weekly testing and wear masks. the attorneys general in 11 states filed a lawsuit friday to try and block the biden administration's new covid-19 vaccine mandate for private businesses with more than 100 employees, and now osha reports it's checking to see if businesses with fewer than 100 workers should be subject to the rule, too. a summary released by osha states it is confident that larger employers have the administrative capacity to implement the standards promptly, but is less confident that smaller employers can do so without undo disruption. employers that fail to comply could face fines reaching as much as 14,000-dollars per violation with a potential for multiple citations. 84 million private sector workers across the country will be affected by osha's rule, including a reported 31 million who are believed to have unvaccinated. mean while

is now saying five additional challenges to the osha mandates have been filed. the white house is still profit the mandate will be upheld in court but is it constitutional? for the supreme court step in to make a final ruling parks here to break it down, director of constitutional studies shapiro. what does this mean? is a separate victory for freedom? >> temporary pause not really a pause at that because the mandate doesn't go into effect on its own terms until january 4, 60 days from friday when the rule was published but this is a shot across the bow and the fact that the judges felt the need to say they were brave statutory and constitutional issues when stating the obvious. this the farthest use of executive power, i don't know, since the seizure of the mills in 1952, this isn't even obamacare or legislation requiring you to buy insurance. this is telling employers to do something to enforce a mandate the federal government but along the executive branch can't do by itself. kennedy: what is the difference between this and the other victories the administrat

ken, real quick, when i, twhen s to the osha mandate. the back door policy what is the likelihood the supreme court will hear it and it might be overturned? >> we have a chance to win this. my state got a stay. -- already filed a lawsuit. this is unconstitutional. the president can't order osha to force people to choose between their jobs or get a vaccine. osha doesn't have that authority. given to them by congress. so it is very clear to me that they have no authority to do this and we will win. >> ken and mark you, stepped up in the states of texas and arizona. happy thanksgiving. appreciate your time. up next why the woke mob says your kids need to be fast eaters this thanksgiving. brian kilmeade will join us with reaction. ian kilmeade will joinh reaction. xfinity rewards are our way of thanking you just for being with us. enjoy rewards like movie night specials, xfinity mobile benefits, and the chance to win tickets to see watch what happens live. hey, it's me. plus, get holiday gifts for everyone on your list with great deals on fa

biden's mandate and osha's vaccine mandate, osha is normally in changes of making you wear a hard hat on the job, are both dubious reaches by the federal government. both statutorily and constitutionally. that's why the federal fifth circuit has temporarily and maybe it will do it permanently halted implementation of the rule. as a society, we have to make these decisions all the time about how to balance personal freedom with public safety. and unless you do your research on twitter, you know that the best way to make those decisions is to allow the public to decide at the state and local level through their local legislatures and in accordance with the state constitution and in this case the federal constitution. president biden and dr. fauci, instead of trying to persuade people to take the vaccine, they have had chosen to condescend and lecture and demean and debase and mandate. i think that's why your aunt's facebook page has more credibility than they do. i would suggest the president try it a different way and stop treating people like they're anti-science morons. i wish he wou

employment law violations whether it is osha or the fair labor standards act. on the health care side, there is an expansion of the affordable care act employer mandate. specifically, the affordability definition. that increases penalties and penalty exposure. overall, there is a lot to digest and i think small business owners are overwhelmed. host: as far as something like the paid family leave act. why is that bad for small business because it gives some type of revenue for people who have sick children or sick families to take care of them. guest: it is just unfamiliar at this point in time. small businesses are struggling with a labor shortage. half cannot fill open positions. that requires a flexible arrangement. previously, businesses with fewer than 50 employees were not subject to the family medical leave act. they are really unfamiliar with paid and medical leave policies. it is an unfamiliar policy that small business owners could disrupt or exacerbate their labor force challenges. host: that one thing was a statement the white house put out particula

federal government, the biden administration, fighting those states and fighting to implement these osha rules. the end result is i think businesses that were going to move forward on mandates have moved forward. and businesses that are rerelubtant to do it are probably going to wait in place and see what happens with the outcome of the litigation involving osha. by the time the lawsuits ends up getting involved, probably we'll be through the surge we're seeing right now, the delta surge and maybe on the back end of the pandemic here. >> brennan: for people, it leaves a lot of confusion with them about what they can be expected to do and what they can expect of their coworkers when they walk into the office. dr. gottlieb, more to talk with you as always but we have to leave it there today. thank you for your time and have a good thanksgiving. we'll be back in a moment. of studying the stars. and grows into a new career as an astrophysicist. it starts with an engineer's desire to start over. and grows into an award-winning restaurant that creates local jobs. they learned how on youtube. w

osha's excusity is limited. joe biden is using osha as an instrument in his political game and taking away medical freedoms from millions of americans and this goes far beyond osha's jurisdiction and incomprehensible and affect employee's ability to make personal life-changing. this is a textbook definition of tyranny. the policies of this administration bottle neck our supply chain and labor shortage. what do you think a fine of $14,000 will do? it wilbury our economy. big government is not the solution. it is the problem. i yield back. the speaker pro tempore: t he chair announcees the speaker's appointment pursuant to section 4-a of house resolution 8, 117th congress and the order of the house of january 4, 2021 of the following members of the house to the house democracy partnership. the clerk: ms. moore of wisconsin, ms. titus of nevada, mr. connolly of virginia, mr. lieu of california, mrs. torees of california, ms. sewell of alabama, ms. degette of colorado, mr. cicilline of rhode island. the speaker pro

battle is not over the justice department plans to fight back against the court order that stopping osha from enforcing the biden administration's vaccine requirement her message to businesses right now is to move forward with measures that will make their workplaces safer. last week the 5th circuit court of appeals ordered osha to take no action to enforce the mandate that requires businesses with more than 100 employees to ensure all of those employees are vaccinated against covid-19 or tested weekly. i think vaccines the most life-saving innovations in the history of medicine. >> however, i disagree adamantly with mandating vaccines. republicans like georgia congressman buddy carter and utah senator mike lee say while they are vaccinated getting the shot should be an individual decision and lee says the mandate is forcing people out of the workforce even if they skip the vaccine for religious or medical reasons. they're being dismissed or placed on unpaid leave were pushed into retirement with reduced benefits. opponents of the vaccine requirement say it will make the u.s. labor short

kennedy: what is osha trying to do? they've only got 800 inspectors and there are 100,000 places with 100 or more employees. the math doesn't add up so what are they asking people to do? >> well, the reports are they are relying on snitches like you said. i think they will get them, there's always some workers disgruntled and want to turn in somebody they don't like or don't like the employers enforcing it but i hate that you say they only have 800 inspectors. that too many. bill clinton was fond of holding up a chart among workplace injuries have dropped since osha was created. then somebody did some research before osha was created and the slope of the line was exactly the same, meaning as we get richer and smarter and learn from mistakes, things get safer. you don't need these 800 inspectors second-guessing every employer of the country. plus, is covid supposed to be almost over now? now is the time to initiate more intrusion? i don't think so. kennedy: won't that just exacerbate the supply chain issues we arty have?

our concern is there is no grave danger here that is really what osha needs to satisfy. we are approaching herd immunity. we have therapeutics increasing and the covid cases going down. the grave emergency is not there. covid is an important thing to tackle, but we don't believe that mandating the vaccines is appropriate nor is it constitutional. >> martha: what is your take on how they approach small business in general? >> it's sad. we believe that ever since the biden administration took over, there hasn't been one policy that we can point to that is actually there to help small businesses. the paycheck protection program started under the trump administration. that's not an idea original to the biden administration. we are disappointed in terms of how the white house is treating small businesses. they are the backbone of our country. two-thirds of new job growth is in small businesses. with this mandate they will be hard pressed to pay those fines or fees. secondly, the labor shortage it will create and compound what is already existing. it's going to be horrible. >>

businesses osha, cited pending litigation and a statement saying it still confident that workers can be protected last week. an appeals court called the mandate fatally flawed and ordered that osha not enforce that requirement pending more review more than 2 dozen state attorneys general are also challenging that mandate in court. federal health officials are set to expand booster recommendations to all eligible adults ahead of the holiday season californians 18 and older can already get a booster shot of its been long enough since they got their first shots. our grant lotus live for us in the newsroom with more on the updated recommendations grant things are always changing catherine and ken. and if the fda and the cdc sign off on these booster shots. >> they could become available to all americans who are eligible in just a matter of days now, health experts say the timing couldn't be more critical, especially with concerns of another surge this holiday season. california has already cleared the way for all eligible adults to get boosters this week. the fda is expected to authorize

osha stands for occupational safety and health administration. it was created 50 years ago to protect employees who opt your rated -- operated in certain occupational fields from days as -- dangers and hazards specific to that field. it wasn't created to protect employees from some general future threat that might exist in the world. what they are doing is basically expanding the authority of osha ja what congress originally gave it and this is a violation of separation of powers. they are also passing, violating the administrative procedures act through an arbitrary and capricious rule. basically, the standards are such that you could have 99 people in one building who don't have to comply because they are under 100, and you could have two people in 50 states, 50 state offices, have to comply because they are a 100 person, and 100 employee company. the standards are arbitrary and can preach us and -- and cut -- and capricious. john: if this had been a law, if congress had passed a law saying this, would you be taking the same position? what exit

in all but one instance when that authority was challenged in court, osha lost. according to one legal expert, the case will likely end up in the supreme court. bret. >> bret: david lee miller in new york. thanks. ♪ ♪ >> bret: well, since a week ago republicans rocked democrats in some places in that election day off year elections. many believe that will actually set the stage for major g.o.p. gains in next year's midterms. chief washington correspondent mike emanuel takes a look tonight. >> house republican campaign leaders are warning their democratic colleagues it is time to start considering career options. >> when you go home over thanksgiving, you got a choice to make, you have got a decision how can you either retire or lose next fall. >> leading the national republican congressional committee which is now targeting 70 vulnerable democrats. the most recent 1 representing districts from arizona to connecticut from florida to new mexico. republican leaders are also backing eight young guns running in races in maine, wisconsin, illinois, new jersey, kans

it is how to get the american workforce safe, president biden announced this in september, osha took the standard, came back with a standard today and that is what we will move forward on. carley: as the supply chain suffers labor shortages the mandate could make the problem worse. republican governors who have thought restrictive covenant measures fighting back on the legality of the mandate. >> the state of florida is going to respond and we will combat the ocean, this is a that is not consistent with the constitution. the federal government can't just unilaterally impose medical policy. >> despite the living mandate economists expect october, 450,000 new jobs. we will know later this morning when the report comes out. back to you guys. >> let's bring in job creator network president alfredo ortiz who filed a lawsuit against the new vaccine mandate. why does the biden white house think they can get away with this? >> it is clearly unconstitutional, the report was correct. i'm glad the governors are pushing back because it is complete overreach, the formative labor is not public hea