Court Temporarily Blocks Vaccine and Testing Rules for Private Employers

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We previously reported on OSHA’s new rules that require employers with 100 or more employees to ensure that their employees are vaccinated or tested weekly for Covid-19.  On Saturday, a federal appeals court temporarily stayed (or suspended) the enforcement of the rules.

What this means for the future of the rules is uncertain.  The court may eventually decide to remove or extend the stay, or permanently block the enforcement of the rules.  In any case, no matter what the court does, the matter will almost certainly be appealed to the United States Supreme Court where the final decision on the enforcement of the rules will likely be made. Even though the rules are now in limbo, employers with 100 or more employees should continue to plan for the possibility that the rules will be enforced.

We will keep you posted.  

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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