The Latest on Vaccine Mandate Lawsuits and What Employers Need to Know

As you know, the White House announced sweeping vaccine mandate requirements for large employers over the summer.  The ETS issued by OSHA has been litigated recently in the courts.  Here’s the latest on where those court rulings stand:

  • On December 17, the U.S. Court of Appeals for the Sixth Circuit reinstated the OSHA ETS requiring employers with 100 or more employees to ensure their employees are fully vaccinated by January 4 or allow employees to submit weekly negative test results. This was a reversal of the previous stay by the Fifth Circuit.
  • On December 22, the U.S. Supreme Court scheduled oral arguments for the ETS to occur on Friday, January 7.
  • To account for the litigation uncertainty, OSHA updated their enforcement policy stating that it “is exercising enforcement discretion with respect to the compliance dates of the ETS.” It will not issue any citations before January 10 and will not enforce the vaccine or testing requirement until February 9 “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”

To read more about the OSHA ETS, Federal Contractor Mandate and CMS Rule click below.