Employment Law Alert - Supreme Court Pulls the Plug on President Biden's Vaccination or Testing Mandate


In early November 2021, President Biden announced details of his administration’s vaccination policies, which were slated to take effect in December, 2021. As part of the announcement, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published details of a mandate for employers with 100 or more employees to require their workforce to become vaccinated or undergo weekly COVID-19 testing.

After a battle over the enforceability of this mandate in several courts over the last few months, the Supreme Court entered an order yesterday, January 13, 2022, staying the mandate (except with respect to most healthcare workers), finding that the Biden administration overstepped its authority.  This means that non-healthcare employers are not required to implement a vaccination or testing policy for their employees, at least under federal rules.

If you have questions about the Supreme Court’s ruling and how, if at all, it impacts your workplace, please contact the author of this alert or the Aronberg Goldgehn attorney with whom you work.

Amy M. Gibson

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