The Supreme Court Halts Federal OSHA’s COVID-19 Vaccinate-or-Testing Mandate for Large Employers

The Supreme Court Halts Federal OSHA’s COVID-19 Vaccinate-or-Testing Mandate for Large Employers

As we predicted, the United States Supreme Court issued a ruling blocking the enforcement of federal OSHA’s COVID-19 vaccinate-or-testing mandates for large employers. In short, the Court has determined that the federal OSHA rules are illegal as they exceed the scope of powers that Congress delegated (granted) to OSHA.

COVID-19 and the United States Supreme Court

COVID-19 and the United States Supreme Court

Last Friday (January 7, 2022), the United States Supreme Court (the “Court”) heard challenges to the Biden Administration’s COVID-19 rules for large employers and healthcare workers. The arguments lodged in favor of—and against—the rules are complex and interesting in their own right, but readers are most interested in knowing how and when the Court will issue a ruling on the rules. 

Back from the Dead: OSHA’s COVID-19 Rules for Large Employers

COVID-19 laws are changing rapidly and unpredictably. This past Friday, December 17, 2021, a federal court in Ohio surprisingly reversed a nationwide injunction against federal OSHA’s COVID-19 vaccinate-or-testing mandate for large employers (i.e., employers with 100 or more employees). Thus, effective last Friday, the federal OSHA rules (the “Rules”) are back in effect.

Hair: A Source of Lawsuits

Employers may be surprised to learn that the law protects their employee’s hair and hairstyles—at least sometimes. Enacted in 2019, California’s CROWN Act (which stands for “Create a Respectful and Open Workplace for Natural Hair”) prohibits employers from discriminating against job applicants and employees based on their hairstyle or texture—such as braids, locks, and twists.