On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to require that their employees be vaccinated against COVID-19 or submit to weekly testing. In issuing the stay, the Supreme Court only ruled on whether the ETS should be stayed to prevent irreparable harm while challenges to it continue to be litigated in the United States Court of Appeals for the Sixth Circuit. Presently, as a result of the Supreme Court’s order, employers with 100 or more employees are not required to comply with the ETS.
More information can be found by reading the client alert recently issued by Phillips Lytle, LLP, which can be viewed here.