December 6, 2021

Volume XI, Number 340

Advertisement
Advertisement

December 06, 2021

Subscribe to Latest Legal News and Analysis

OSHA Temporarily Suspends ETS Implementation Per Fifth Circuit Injunction

Breaking News: Sixth Circuit Selected to Hear Consolidated ETS Legal Challenges

The status of OSHA’s Emergency Temporary Standard (“ETS”) mandating COVID-19 vaccinations or testing of employees for those employers with 100 or more employees remains fluid and uncertain. On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit ordered a continuation of the Fifth Circuit’s stay of the ETS, directing OSHA to take “no steps to implement or enforce the Mandate until further Court Order.” The Department of Labor has acknowledged the Fifth Circuit’s Order and posted the following message on its webpage: “OSHA has suspended its activities related to the implementation and enforcement of the ETS pending future development in the litigation.”

What does this mean? The future of the ETS remains uncertain in light of litigation in multiple forums. This week, a determination will be made regarding which federal Court of Appeals will be tasked with determining the legality and constitutionality of the ETS. Hopefully soon we will receive an indication of whether the assigned Court will take immediate action to reconsider the Fifth Circuit’s stay that is currently in place, or keep it in effect pending determination of the legal challenges. In the meantime, employers may wish to continue with steps to ensure they will be ready to comply in the event the rule is upheld or the Fifth Circuit’s stay is lifted.   

© 2021 Varnum LLPNational Law Review, Volume XI, Number 320
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Stephanie R. Setterington, labor and employment attorney, Varnum
Partner

Stephanie advises employers on a wide variety of labor and employment matters, with an emphasis on employment litigation defense, and the identification and development of best practices in the area of human resources. She has worked extensively as labor and employment counsel for publicly-traded and privately-held companies that vary from single-site businesses to multi-state or global entities. She works with each client to ensure compliance with labor and employment-related legal requirements, develop effective human resource operations, and achieve the successful...

616/336-6466
Elizabeth Wells Skaggs, labor and employment attorney, Varnum
Partner

Beth is a partner in the labor and employment practice group, focusing employment issues and litigation. She has counseled business clients on a variety of matters affecting the workplace, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination issues, disability accommodation, wage-hour matters, family medical leave, harassment prevention and litigation avoidance.  When litigation is unavoidable, Beth has significant experience representing employers under the numerous state and federal statutes that govern the...

616/336-6620
Maureen Rouse-Ayoub Labor Employment Attorney
Counsel

Maureen represents clients in all areas of labor and employment. She advises clients on labor management relations including union election proceedings, collective bargaining and contract enforcement in arbitration and before the National Labor Relations Board. Maureen defends employment-related claims including discrimination, sexual harassment, wrongful discharge, Whistleblowers' and Fair Labor Standards Act violations in federal and state courts, administrative proceedings and arbitration hearings. She counsels clients on drafting, implementation and enforcement of workplace policies....

248-567-7807
Ashleigh E. Draft Associate Grand Rapids Labor & Employment
Associate

Ashleigh is an associate attorney currently working with the labor and employment group. She also works with higher education clients and provides support on a variety of litigation matters.

Ashleigh’s experience includes serving as a legal extern for the Michigan Court of Appeals Research Division. She also clerked for Michigan Appeals Court Judge Jane Beckering. Prior to law school, Ashleigh served organizations in the higher education and nonprofit sectors in various development and communications roles. 

616-336-6627
William J. Whalen Labor and Employment Attorney Varnum
Associate

Bill is an associate at Varnum. He is a skilled researcher with experience in the labor and employment area as well as litigation matters. While in law school, Bill worked as an intern at the Equal Employment Opportunity Commission where he responded to requests to the legal unit, analyzed investigatory files and provided research on employment discrimination, harassment and retaliation matters. He served as a law student intern for U.S. Attorney's Office for the Western District of Michigan.

616-336-6396
Advertisement
Advertisement
Advertisement