Court Extends Order Blocking Vaccine and Testing Requirement for Private Employers

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On Friday, November 12, a federal appeals court extended its November 6 order temporarily staying (or suspending) the enforcement of OSHA’s new rules that require that employers with 100 or more employees ensure that their employees are vaccinated or tested weekly for Covid-19. We reported on OSHA’s new rules here and on the temporary stay here.

Procedurally, the same or another federal appeals court will now be assigned, by lottery, to address the stay and the many legal challenges to the rules pending in courts across the nation.  The lottery and assignment will likely take place on November 16.

The appeals court assigned by lottery may eventually decide to remove or revise the stay or block the enforcement of the rules.  In any case, the United States Supreme Court will likely make the final decision. Employers with 100 or more employees should continue to plan for the possibility that the rules will be enforced.

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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