January 28, 2023

Volume XIII, Number 28


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US Supreme Court Reinstates Stay of OSHA Vaccination Requirement for Employers With 100+ Employees

On January 13, the US Supreme Court reinstated the stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard mandating that employers with 100+ employees require COVID-19 vaccination and/or testing of employees (the OSHA ETS), pending further review before the US Court of Appeals for the Sixth Circuit. The Supreme Court’s decision means that, at least for now, employers are not obligated to comply with the OSHA ETS.

See our previous updates: Q&A – A Closer Look at OSHA’s Vaccination Requirement for Employers With 100+ EmployeesUpdate on OSHA’s Vaccination Requirement for Employers With 100+ Employees and OSHA Reinstates Vaccination Requirement for Employers With 100+ Employees for an explanation of the OSHA ETS and the subsequent developments.

The Supreme Court’s ruling is not the final word on whether the OSHA ETS ultimately will take effect — we will need to await the Sixth Circuit’s ruling and any further Supreme Court review of that ruling to reach finality on enforceability. Nor does this decision affect COVID-19 vaccination and testing requirements at the state and local levels that operate independent of the OSHA ETS. For example, the New York City Executive Order mandating that all private employers require their employees to have at least one dose of a COVID-19 vaccine on or before December 27, 2021 in order to be present in the workplace remains in effect.

Tenley Mochizuki also contributed to this article.

©2023 Katten Muchin Rosenman LLPNational Law Review, Volume XII, Number 16

About this Author

Julie L. Gottshall, Employment Law Lawyer, Katten Muchin Law Firm

Julie L. Gottshall serves as the Chicago head of the Employment Law and Litigation practice. She practices nationally in the area of employment law, providing litigation representation and counseling on behalf of management.

Julie also represents both companies and individuals in matters relating to unfair competition and the enforcement of restrictive covenants, such as confidentiality and non-compete agreements. In addition to her litigation practice, Julie negotiates and drafts employment and separation agreements and restrictive covenant agreements, conducts...

Janet R. Widmaier Labor & Employment Attorney Katten Muchin Rosenman Chicago, IL
Of Counsel

Janet Widmaier counsels employers on a variety of matters arising under federal, state and local employment laws, and litigates employment-related claims both in courts and administrative agencies.

Focusing on minimizing risks and creating strategies to solve complex situations

Jan's employment law practice serves clients of all types and sizes on all manner of employment-related litigation and counseling. She deals with situations ranging from discrimination to restrictive covenants to WARN Act implications to compliance with the ever-changing landscape of national, state...

Andrew J. Schuyler Litigation Attorney Katten Muchin Rosenman Chicago, IL

Andrew "AJ" Schuyler represents clients in a broad range of litigation issues, including employment matters before federal and state courts and administrative agencies. As a core member of Katten's Employment Litigation and Counseling practice, he also advises clients on day-to-day workplace issues such as compliance matters arising under various federal, state and local laws.

Effective and efficient solutions for clients' specific legal needs

AJ splits his focus between general litigation issues and specific employment matters, which gives him a different perspective for...

Stacey Knight, partner, Katten Muchin Rosenman Law Firm

Stacey McKee Knight serves as national co-chair of the Litigation and Dispute Resolution practice, and is a member of Katten's Board of Directors and the firm's Executive Committee. She concentrates her litigation practice in the areas of labor and employment law. Stacey has extensive class action experience and focuses primarily on wage and hour class actions and collective actions, including Fair Labor Standards Act, meal and rest period, donning and doffing, vacation and regular rate of pay claims at the state and federal levels. Stacey represents management in a variety of...

Janella T. Gholian Employment Lawyer Katten Law Firm
Special Counsel

Janella Gholian focuses her litigation practice largely on labor and employment matters. She defends employers against actions of wrongful termination, discrimination, breach of contract and other issues. She also works with landlords defending them against ADA actions and helping them to comply with their regulations.

Good HR practices are the best defense against employee problems

Most of Janella's clients are located in California, so she is well-versed in the state's employment laws. She advises companies on the state's HR regulations regarding hiring, termination,...