February 6, 2023

Volume XIII, Number 37


February 06, 2023

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Supreme Court to Have Final Word on OSHA Vaccine Order

As expected, the U.S. Supreme Court will rule on whether OSHA may proceed with its Vaccine Order for large employers.  The Court will hold a special hearing on January 7, 2022.  Briefings are due by December 30, 2021.  The Court will also consider whether a separate vaccine order related to healthcare workers is enforceable. 

At present, OSHA has delayed its enforcement efforts until January 10, 2022, except for the rule’s testing requirement, which it plans to begin enforcing on February 9, 2022.  We will stay tuned to see whether these deadlines change in light of this recent development. 

Although the future of the OSHA vaccine rule is unknown at this time, covered employers should consider whether to continue to take steps to come into compliance, especially given the relatively short compliance window provided by OSHA if the rule is ultimately upheld.

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 357

About this Author

Michael S. Arnold, Mintz Levin Law Firm, Labor Law Attorney
Member / Chair, Employment, Labor & Benefits Practice

Michael Arnold is Chair of the firm's Employment, Labor & Benefits Practice.  He is an employment lawyer who deftly handles a wide array of matters. His capabilities include counseling on everyday HR life cycle issues, defending management and senior executives in connection with employment-related proceedings, and assisting companies navigate the complex employment issues that arise in transactions.  Michael’s clients appreciate his strong emphasis on providing not just legal advice, but also practical advice, that aligns with organizational and HR strategies while...


Evan litigates a wide array of employment disputes before state and federal courts as well as administrative agencies. Evan has experience handling matters at all phases of the litigation process and also assists clients in resolving their disputes through mediation and settlement.

Evan’s practice also includes advising clients on a range of issues, including compliance with federal, state, and local employment laws as well as drafting and negotiating employment agreements.

Prior to joining Mintz, Evan was an associate...