On Wednesday, the U.S. Supreme Court decided to take up lawsuits aiming to block the Biden administration's vaccination directives for employers of over 100 employees and health care workers. The Court will hear oral arguments on January 7 in both cases, and rulings are expected to follow shortly thereafter.
Under the Occupational Safety and Health Administration's (OSHA's) emergency temporary standard (ETS), businesses with at least 100 employees must ensure workers are vaccinated against the coronavirus or undergo weekly COVID-19 testing. This mandate is currently in effect after the 6th Circuit lifted its stay last week, but will not be enforced until February, as discussed in our prior alert. The healthcare worker mandate, which applies to facilities that treat federally funded Medicare and Medicaid patients, is currently blocked in half of the 50 U.S. states.
In the meantime, covered employers should prepare in the event the Court rules that the vaccine mandates are enforceable by developing plans to implement mandatory vaccination policies.
