January 29, 2022

Volume XII, Number 29

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January 28, 2022

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Fifth Circuit Halts Enforcement of the OSHA ETS…For Now

As previously reported, Texas, Louisiana, Mississippi, South Carolina, Utah and several other private entities filed suit in the U.S. Circuit Court of Appeals for the Fifth Circuit on November 5 requesting review of the emergency temporary standard regarding COVID-19 Vaccination and Testing (the “ETS”) issued by the Occupational Safety and Health Administration (“OSHA”). The lawsuit was accompanied by an emergency motion to stay enforcement of the OSHA ETS. Today, November 6, 2021, the Fifth Circuit granted the emergency motion to stay enforcement pending further action by the Court. The Fifth Circuit provided the Federal government until 5:00 p.m. Monday, November 8, 2021, to respond to the lawsuit’s request for a permanent injunction. The Justice Department declined to comment and the White House referred comment to the Department of Labor. 

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume XI, Number 311
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About this Author

Lilian Doan Davis, Polsinelli PC, Public Corporation Liabilities Lawyer, Whistleblower Claims Attorney
Associate

Lilian Davis helps private and public corporations, individuals, and municipalities identify and address potential liabilities. She brings a passion for the practice of employment law and a genuine interest in developing a strong relationship with her clients while gaining a thorough understanding of their business. Lilian understands the ongoing issues facing employers from a variety of perspectives. She counsels clients on management, compliance, and regulatory issues and investigates and responds to charges of employment discrimination. Her practice includes...

314.622.6669
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