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Friday Night Fights: What Just Happened to the OSHA and Federal Contractor Vaccine Mandates?
Littler Dec. 20, 2021 "On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit's stay of the federal [OSHA] COVID-19 Emergency Temporary Standard (ETS), which imposes 'vaccinate or test' requirements for private employers. Within two hours, a broad coalition of 26 trade groups filed the first of several emergency appeal applications to the U.S. Supreme Court requesting a stay pending Supreme Court review. OSHA then granted employers a limited grace period to comply with the ETS' requirements.... "[T]he same day, the Eleventh Circuit upheld the nationwide injunction against the vaccinate mandate applicable to federal contractors, pending further review. Although this situation remains fluid, employers subject to the OSHA ETS should consider preparing for compliance on the revised timetable, as should federal contractors with 100 or more employees." [In Re: MCP No. 165, Occupational Safety and Health Administration, Interim Final Rule: COVID-19 Vaccination and Testing; Emergency Temporary Standard 86 Fed. Reg. 61402, Nos. 21-7000, 21-4027, et al. (6th Cir. Nov. 17, 2021; emergency petition filed S. Ct. Dec. 17, 2021); Georgia v. Biden, No. 21-14269 (11th Cir. Dec. 17, 2021)] |
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