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Court of Appeals for the Sixth Circuit in Cincinnati dissolved the stay on enforcement of OSHA’s COVID-19 Emergency Temporary Standard (ETS), known colloquially as the vaccine mandate. Alert OSHA Vaccine Rule Is Back On, Pending Final Supreme Court Ruling On December 27, the CDC issued new guidance on isolation and quarantine as Omicron cases soar over Christmas weekend. The Supreme Court announced on December 22 that it would hear oral arguments in cases determining the fates of two government vaccine rules. Alert Holiday COVID Updates: CDC Shortens Quarantine Periods SCOTUS to Hear Vaccine Cases Jan. Mag Bickford (New Orleans) will moderate a panel on how employers and insurers are addressing evolving risks around mandatory vaccines on January 25, 2021, during the ACI's 30th Annual Employment Practices Liability Insurance Conference. InsightsĪttorney Presentation Back to the Office Dilemmas: How Employers and Insurers are Addressing Evolving Risks Around Mandatory Vaccines If you have any questions on vaccine mandates in the workplace, do not hesitate to reach out to a member of McGlinchey’s Labor and Employment team. Still, because the ETS is not scheduled to go into effect until January 4, 2022, there is no change to existing policy at this time.Īs always, McGlinchey continues to monitor these cases. It is not immediately clear whether the transfer of the cases will override the injunction issued by the Fifth Circuit. The Court has not yet scheduled oral arguments or assigned judges who will hear the cases, though at least one challenger has filed for en banc consideration by the Court – meaning the entire bench of 16 judges would hear the cases. The Sixth Circuit was randomly selected by a lottery conducted by the Panel as the sole jurisdiction for those petitions to be reviewed. This includes 34 total petitions that had been filed in 12 of the 13 circuit courts (except the Federal Circuit in Washington). The Judicial Panel on Multidistrict Litigation issued a ruling on November 16, consolidating all challenges to the ETS to the Sixth Circuit in Ohio. Court of Appeals for the Fifth Circuit has been transferred. The challenge to OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that was pending before the U.S. Alert OSHA Vaccine Rule Cases Consolidated, Transferred to Sixth Circuit for Review