On January 13, 2022, in a 5-3 opinion, the U.S. Supreme Court stayed the Occupational Safety & Health Administration’s (“OSHA”) Emergency Temporary Standard (the “ETS”) which requires employers with over 100 employees to implement a mandatory vaccination policy or require weekly testing of unvaccinated employees.

Employers subject to OSHA’s Emergency Temporary Standard (the “ETS”, which requires employers with 100 or more employees to mandate vaccination or implement COVID testing and masking requirements) are in a bit of a predicament right now.

On November 4, the Occupational Health and Safety Administration released the Emergency Temporary Standard (ETS) to provide clarity into the Biden Administration’s vaccine mandate initially announced on September 9. This mandate impacts all employers with an employee base of 100 or more.