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Vaccine Mandates Head to Supreme Court


The Biden Administration's call for sweeping vaccine mandates will now land in the Supreme Court. As previously reported, the new OSHA rules mandate that employers with 100 workers or more require their employees to be vaccinated or produce a weekly negative test. Federal contractors are also mandated to be vaccinated, with no option for testing out. After moving forward with this policy, legal challenges mounted. The U.S. Fifth Circuit Court of Appeals temporarily halted the mandate in November but was later overruled in December by a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit which dissolved the Fifth Circuit’s stay of the ETS in a 2-1 order. In an extraordinary and irregular move, the Supreme Court announced that it will hear oral arguments on the stay at a January 7, 2022 special session. In the meantime, OSHA’s mandate is currently in effect, and employers must work toward compliance. OSHA has effectively reset the compliance deadlines to January 10, 2022 (originally December 6, 2021) for the majority of the ETS’ requirements, and February 9, 2022 (originally January 4, 2022) for employers to begin testing employees who are not fully vaccinated. NUCA National and NUCA NJ have opposed the mandates and will continue to update you on the story.

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