Rachel Powitzky Steely, Vice-Chair of Labor and Employment, Foley & Lardner LLP. Courtesy photo To Stay or Not to Stay – That was the Question: The US Supreme Court Stays OSHA's ETS Vaccine-or-Test Requirement, but Lifts the Stay to Allow Mandatory Vaccines for Federally Funded Health Care Facilities
Although the OSHA ETS mandate is stayed, Texas companies may still mandate vaccines under strict parameters.
January 24, 2022 at 05:17 PM
6 minute read
The Supreme Court issued two orders on Jan. 13, with broad implications for employers dealing with COVID-19 vaccines in the workplace. The first order stayed the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Stay (ETS) Vaccine-or-Test mandate, while the second order allowed the Secretary of Health and Human Services to implement mandatory vaccines for all employees of federally funded health care facilities. Noticeably absent was any decision on the federal contractor vaccine mandate, which is currently stayed. Regardless, since neither Supreme Court decision is final, expect months of litigation on these issues to ensue.
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