The Fifth Circuit’s decision temporarily suspending OSHA’s “vaccine-or-test” mandate is the first of what could be more stay decisions to come, say Hogan Lovells’ Sean Marotta, George Ingham, and Amy Kett. They explain how multiple appeals may be handled across the country, what employers should be doing during this period, and that the ultimate stay decision could come soon from the U.S. Supreme Court. The U.S. Court of Appeals for the Fifth Circuit made headlines Nov. 6 by temporarily staying the Occupational Health and Safety Administration’s emergency temporary “vaccinate-or-test” mandate nationwide. But the Fifth Circuit’s stay likely won’t be the last word on whether the OSHA mandate will be stayed pending review as both another circuit court and the U.S. Supreme Court may weigh in.
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