As you likely have heard, last week OSHA implemented its long-awaited Emergency Temporary Standard (the “ETS”) regarding vaccine mandates for the workplace). It would have required employers with at least 100 employees to either require their employees to be vaccinated or undergo weekly testing (at the employee’s expense) beginning on January 4, 2022.
Well, as we’ve also anticipated, many employers and states have filed lawsuits objecting to the ETS. As a result, the United States Fifth Circuit Court of Appeals has, as of now, stopped any enforcement of the ETS. And, because there are other Courts of Appeals that have also had suits filed in them, all of the Courts of Appeals will decide on November 16th which Appeals Court will actually decide the initial fate of the ETS.
Regardless of which court that is, it appears more than likely that it will eventually wind up in the United States Supreme Court. So, the likelihood that employers will need to comply beginning January 4, 2022 is next to nil. We will, though, keep you posted of further developments.