OSHA's Vaccine or Test Mandate is Stayed by the Supreme Court

United States Supreme Court

On January 13, 2022, the United States Supreme Court stayed the implementation of OSHA’s “vaccine or test” mandate for employers of 100 or more employees. As we previously posted, in November 2021 OSHA issued Emergency Temporary Standards (ETS), requiring certain employers to mandate COVID-19 vaccines for all employees or obtain weekly COVID-19 test results for unvaccinated employees.

OSHA’s ETS was quickly challenged and implementation of the ETS was stayed by the Fifth Circuit Court of Appeals. The stay was subsequently lifted by the Sixth Circuit Court of Appeals, where the various challenges to the ETS had been consolidated. The ETS has again been stayed with the Supreme Court finding, among other things, that OSHA did not have the authority to promulgate the ETS given the broad scope of the ETS.

Employers should be aware that the Supreme Court’s decision is not necessarily the final ruling on the ETS. Rather, the Supreme Court stayed the ETS pending review of the action by the Sixth Circuit (and potentially final review by the Supreme Court). Also, the Supreme Court’s stay of the ETS does not restrict state or local governments from implementing vaccine mandates, as has been done in some jurisdictions such as New York City. Thus, businesses should continue to work with their attorneys to ensure compliance with their still evolving COVID-19 obligations.

If you have questions about your business’s COVID-19 obligations, or other employment practices, please contact us at (201) 345-5412 or through our online scheduling system to set up a complimentary consultation.

Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.