The Federal Vaccine Mandate Is Back, for Now…

The saga continues regarding the federal vaccine mandates. On November 4, 2021, the federal Occupational Health and Safety Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) to require employers with 100 or more employees to have their employees vaccinated or undergo weekly testing by January 10, 2022, among other requirements.

The Fifth Circuit Court of Appeals almost immediately stayed the rule until judicial review is completed. On Friday, December 17, 2021, the Sixth Circuit Court of Appeals in Cincinnati lifted the temporary injunction. We expect further developments soon, as petitions have already been filed in the U.S. Supreme Court to challenge the temporary stay.

In light of the ongoing legal battles, on Saturday, December 18, 2021, the U.S. Department of Labor announced that it will not enforce the ETS against employers until February 9, 2022, as long as the employers exercise “reasonable, good faith efforts to come into compliance with the standard.” This will give employers more time to establish policies and gather records to comply with the new standard.

Please contact a Meyers Nave attorney if you need help navigating these issues.

Join Meyers Nave for our Employment Law Update on January 11 and 13, 2022 to discuss this and other key employment law updates.