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.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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