Employment Law Report

By: Mitzi D. Wyrick

The United States Supreme Court is scheduled to hear oral arguments on January 7, 2022 concerning two federal COVID-19 vaccine mandates. The Court will hear a challenge to the enforceability of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure each of their workers is fully vaccinated or tested for COVID-19 on a weekly basis. After the Sixth Circuit Court of Appeals lifted a stay that had blocked enforcement of the OSHA rule, several challengers asked the Supreme Court to re-stay the enforcement of the rule. 

On Friday January 7, 2022 at 10:00 a.m., the Supreme Court is expected to consider whether it should issue a stay of OSHA's vaccine-or-testing regime for all businesses with 100 or more employees. The audio recordings of the arguments can be heard here.

At the same time, the Supreme Court will consider whether it should remove the stay that has blocked enforcement of the rule issued by the Centers for Medicare and Medicaid Services (CMS) mandating vaccines for certain healthcare workers in certain states.