Pierce Atwood LLP

The Supreme Court (by a 6-3 margin) stayed the OSHA emergency rule requiring large employers to collect vaccination data from employees, and require either vaccination or mandatory weekly testing. This means that employers are free to establish their own vaccination and testing rules.

In a separate opinion, the Supreme Court (by a 5-4 margin) upheld the Health and Human Services rule that mandates COVID-19 vaccination for all employees of health care providers that receive Medicare and Medicaid funding. There is a religious and health care exemption under this rule, and the ruling does not impact any state-imposed requirements that may be in place.