Per our previous Client Alert, on November 4, 2021 OSHA issued an Emergency Temporary Standard regarding COVID-19 vaccination and testing requirements for employers with 100 or more employees (the “100+ ETS”). The 100+ ETS was effective as of November 5, 2021.
However, on November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay the 100+ ETS, and ordered that OSHA "take no steps to implement or enforce" the 100+ ETS "until further court order."
As a result, OSHA has suspended activities related to the implementation and enforcement of the 100+ ETS pending future developments in the litigation. Additional information can be found here.
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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.
