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Supreme Court Stays OSHA’s Vaccination or Test Mandate, But Upholds Vaccine Mandate for Certain Healthcare Workers

Today, the Supreme Court issued an opinion “staying” implementation of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The OSHA ETS imposed minimum COVID vaccination, vaccination verification, face covering, and testing requirements for private employers with 100 or more employees, and the first part of the ETS went into effect earlier this week. With this ruling, the OSHA ETS is stayed indefinitely and no longer in effect until further review by the lower courts. However, it is unlikely that this decision will be disturbed as the Court sent a strong signal that it believed that OSHA lacked the authority to impose the ETS’s requirements. 

At the same time, the Supreme Court ruled that the Centers for Medicare & Medicaid Services’ vaccine mandate for certain healthcare workers would remain in place. This separate mandate affects workers in nursing homes, hospitals, and other facilities that receive Medicare and Medicaid payments from the federal government.

While the OSHA mandate is stayed, non-healthcare employers in Florida – regardless of size – should keep in mind the recently passed Florida law that imposes certain requirements on employers instituting vaccine mandates. Please see our previous client alert (link here-Florida law relating to employer mandates) on the Florida law relating to employer vaccine mandates for more details on its requirements and how employers may comply.

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About this Author

Ryan M. Guerin - Associate HWH Law complex commercial litigation labor and employment

Ryan is an associate in the firm’s Litigation group. His practice primarily focuses in the area of labor and employment. Ryan also covers an array of general and complex commercial litigation matters.

Ryan represents employers in litigation involving claims of employment harassment, discrimination, retaliation, leave laws, wage and hour laws, whistleblower laws, enforcement of and defense against non-solicitation and non-competition agreements, background check laws, and other employment-related claims. Ryan represents numerous industries, including clients...

Gordan Hill Employment Litigator Hill Ward Henderson

Gordon is a Shareholder in the firm’s Litigation and Employment Law Groups, and is the firm's Assistant General Counsel for Labor and Employment matters. His practice primarily involves employment litigation and counseling, as well as noncompete litigation and general commercial litigation.

In his employment practice, Gordon advises, represents and defends corporate clients in a broad spectrum of employment-related issues. Gordon has successfully defended clients in a wide variety of employment-related litigation, but...

Robert A. Shimberg Commercial Litigation Attorney Hill Ward Henderson

Robert is a Shareholder in the firm's Litigation Group. His primary practice areas include commercial litigation, corporate compliance, cybersecurity, governmental relations and corporate investigations. He was formerly a prosecutor with the Hillsborough County State Attorney's Office.

Robert has provided compliance-related services and training to over 300 businesses around the country. He has defended businesses against consumer claims, class action lawsuits, and provided representation in connection with government agency inquiries and investigations and...

Jeff Wilcox Litigation Attorney Hill Ward Henderson Law Firm

Jeff is a Shareholder in the firm’s Litigation Group. His practice primarily focuses on employment law, including wage-hour compliance, FMLA and ADA compliance, allegations of discrimination and harassment, non-compete litigation, and handbook and policy drafting. 

Jeff is active in both professional and Bar-related activities.  He currently serves as a Director on the Hillsborough County Bar Association, Young Lawyers Division Board, and is a member of the Employment and Labor Law Committee in the Defense Research Institute.  In 2014, Jeff received the Hillsborough County Bar...

Kirsten Vignec Employee Benefits Attorney HIll Ward Henderson

Kirsten is a Shareholder in the firm's Corporate & Tax Group and practice co-chair of the Executive Compensation & Employee Benefits Group. Kirsten’s practice involves employee benefit matters associated with the design and ongoing administration of executive deferred compensation plans, welfare benefit plans, Section 401(k) plans, profit sharing plans, and pension plans. Kirsten represents tax-exempt entities, for-profit, private, and publicly-traded companies.

Kirsten represents clients before the IRS, DOL, and the PBGC with respect to employee benefits matters.