US Supreme Court Will Hear OSHA Vaccine or Test Mandate Challenge on Expedited Basis

by James Kachmar
The Labor & Employment Law Blog

Earlier this week, Beth West wrote a blog update about the 6th Circuit Court of Appeals vacating the stay of OSHA’s vaccine or test mandate that applies to employers with more than 100 employees (Click here to read). Ms. West noted that the challengers to the mandate would seek immediate review by the U.S. Supreme Court. The Appellants in those cases filed their appeals of the 6th Circuit’s ruling and filed applications to again stay the OSHA vaccine or test mandate.

Rather than grant the applications on the papers, the U.S. Supreme Court has ordered that it will hold oral arguments in the matter on an expedited basis. The oral arguments are scheduled for Friday, January 7, 2022, and we would expect a ruling from the Court shortly thereafter. The Supreme Court also consolidated for purposes of oral arguments, similar applications by the Administration seeking to stay the rulings from at least two circuit courts holding that blocked the Administration’s vaccine mandate for certain health care workers.

As of the time of this post, the U.S. Supreme Court has not issued its own temporary stay of the OSHA vaccine or test mandate pending its ruling on the applications. As Ms. West’s blog post explained, OSHA issued a statement following the 6th Circuit’s Order lifting the stay that explained that it would hold off issuing citations against employers until at least January 10, 2022.

Employers with more than 100 employees who may be subject to the OSHA vaccine or test mandate should continue to monitor these developments closely and consult with legal counsel as to what steps if any, they should take pending the U.S. Supreme Court’s review.