Enforcement of the Biden Administration’s three vaccine mandates (i.e., government contractor, CMS and large employer mandates) had been stayed or partially stayed by various federal courts.  The OSHA Emergency Temporary Standard (ETS) applicable to most employers having 100 or more employees was stayed by the Fifth Circuit Court of Appeals prohibiting enforcement of the rule.  However, on December 17, 2021, the Sixth Circuit Court of Appeals, the court chosen by lottery to hear the consolidated appeals challenging the ETS, dissolved the stay that the Fifth Circuit put in place.  Thus, employers with 100 or more employees that are not specifically exempted from the standard must now take steps to comply with the emergency rule.

With the stay dissolved, employers are now required to comply with the non-testing requirements by January 10, 2022 and the testing requirements by February 9, 2022.  For a more detailed review of the requirements, you can read more here.

Here is a copy of the Sixth Circuit’s lengthy opinion lifting the stay.