Sixth Circuit Lifts Stay on OSHA ETS; New Deadlines, Legal Lifeline Issued for Private Employers

Late in the evening of Fri., Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted the stay of the Occupational Safety and Health Administration’s (OSHA) vaccine-or-testing emergency temporary standard (ETS) for private employers with more than 100 employees. As a reminder, the stay was originally put in place by the Fifth Circuit. However, because lawsuits had been filed in multiple jurisdictions, all of the cases were consolidated into one multi-district litigation, and through a lottery process the Sixth Circuit was selected to hear the case. The Sixth Circuit reversed the Fifth Circuit’s decision, handing a major victory to the current administration which for the past month has watched as other vaccine mandates for federal workers, federal contractors and healthcare employees have suffered a string of legal defeats. More.


Practice Area:

Labor & Employment