Supreme Court Stays OSHA’s Vaccine-or-Test Rule

On January 13, 2022, a divided Supreme Court stayed OSHA’s vaccine-or-test emergency temporary standard (ETS). Nat’l Federation of Independent Business v. Dep’t of Labor, OSHA , 595 U.S. ___ (2022). The matter came before the Court on a request for emergency relief after the Sixth Circuit granted an emergency motion by OSHA to dissolve a stay of the ETS previously issued by the Fifth Circuit.

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