What’s New?

Biden’s COVID-19 Vaccine Mandate is Back!

by Jennifer Shaw | | December 18, 2021

Try not to get whiplash…

The Sixth Circuit Court of Appeals has upheld President Biden’s COVID-19 vaccinate-or-test mandate for employers with 100 or more employees. This one came out of nowhere, folks, The Court’s ruling lifted a November injunction by the Fifth Circuit that blocked OSHA’s Emergency Temporary Standard administering the mandate. In explaining its decision, the court wrote that OSHA “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”

The Department of Labor announced early this morning that it will not issue citations for noncompliance before February 9, 2022, provided employers make “good faith” efforts to comply in the meantime.

Justice Kavanaugh has jurisdiction over the 6th Circuit. He is reviewing requests to put the mandate on hold pending a resolution of appeals to the U.S. Supreme Court. Details to come.

The case is: IN RE: MCP NO. 165, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, INTERIM FINAL RULE: COVID-19 VACCINATION AND TESTING; EMERGENCY TEMPORARY STANDARD 86 FED. REG. 61402. Read the Sixth Circuit’s decision here.  

author avatar
Jennifer Shaw Founder
Jennifer Shaw is the founder of Shaw Law Group, and a 2019 recipient of the Sacramento Business Journal’s “Women Who Mean Business” award. A well-respected expert in employment law for more than 25 years, employers regularly rely on Jennifer to counsel them on a broad range of employment law issues. Jennifer’s practical advice covers subjects such as wage-hour compliance, anti-discrimination and harassment policies and procedures, reasonable accommodation/leave of absence issues, and hiring/separation processes. She is a trusted advisor to in-house counsel, HR professionals, and leadership across a broad spectrum of public sector and private sector employers.
Never Miss a Post
Please enter all required fields Click to hide
Correct invalid entries Click to hide
X