On November 6, 2021, the U.S. Circuit Court of Appeals for the Fifth Circuit issued a stay of
OSHA’s Emergency Temporary Standard (ETS), which requires COVID-19 vaccination or weekly testing for companies with 100 or more employees. Although the Fifth Circuit’s jurisdiction covers Louisiana, Mississippi, and Texas, its decision places a hold on OSHA’s ability to enforce the ETS
nationwide. However, given the relatively
tight deadlines for employers to comply with the ETS and the uncertainty surrounding the litigation, employers should still familiarize themselves with the ETS and take steps to ensure compliance. We continue to monitor the situation closely and will provide updates on any further developments.
