On November 6, 2021, the Fifth Circuit Court of Appeals granted a nationwide stay of the Occupational Health and Safety Administration (OSHA)‘s Emergency Temporary Standard (ETS) vaccine-or-test mandate that was issued on November 5, 2021. The court granted the nationwide stay due to “grave statutory and constitutional issues” with the mandate.

The emergency stay was requested by numerous petitioners, including the Attorneys General for the states of Texas, Louisiana, Mississippi, South Carolina, Utah and several private entities. The federal government must respond to the petitioners’ motion for a permanent injunction by 5:00 pm today, to which petitioners may file their reply brief by 5:00 pm tomorrow, Tuesday, November 9, 2021.

Until the courts provide further notice, employers need not begin enforcing OSHA’s vaccine-or-test mandate.

Special thanks to law clerk Michelle Avidisyans (Los Angeles) for her assistance in the preparation of this content.