Today's the day!

Supreme Court argument on OSHA ETS starts at 10 a.m. ET.

The U.S. Supreme Court will hold oral argument today at 10 a.m. Eastern on the COVID-19 vaccination Emergency Temporary Standard issued by the Occupational Safety and Health Administration.

The OSHA ETS was issued in November and is scheduled to take effect starting Monday if the Court does not block it.

The ETS applies to most employers with 100 or more employees and requires them, among other things, to either mandate that employees be vaccinated or give employees the choice between being vaccinated or being tested every seven days and wearing face coverings. (There are limited exceptions.)

Oral argument on the ETS will be followed immediately (at 11 a.m. Eastern) by oral argument on the vaccine mandate that applies to most health care employers who receive Medicare or Medicaid funds, which was issued by the Centers for Medicare & Medicaid Services and has been enjoined in 25 of the 50 states.

We hope to get emergency rulings in the two cases soon -- possibly over the weekend.

We'll be posting about the argument and, of course, will let you know when the Court issues an order.

  • Smiling older woman with short gray hair and glasses, wearing a dark gray cardigan over a black top and a beaded necklace, with arms confidently crossed. She has a warm, approachable demeanor and a professional presence against a transparent background.
    Of Counsel & Chief Legal Editor

    Robin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.

    Robin is editor in chief ...

This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.

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