Client Alert 
January 13, 2022

Supreme Court Blocks OSHA
Large Employer Vax-or-Test Mandate
The U.S. Supreme Court has just blocked the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard that would have required employers with 100 or more employees to mandate that employees either be fully vaccinated against COVID-19 or test weekly (the "100+ ETS").

Accordingly, employers need not be concerned with the 100+ ETS until further notice.

Nonetheless, employers who wish to implement such a requirement even in the absence of the 100+ ETS are free to do so, with limited exceptions based on state law. Further, employers around the country must still comply with any state or local employee COVID-19 vaccination mandates. In that regard, employers in New York City must still comply with the private employer vaccination mandate and the Key to NYC program.

Employers in New York State are also reminded that if anyone on the employer's premises is not fully vaccinated, masks are still required by all individuals at all times, regardless of vaccination status. This requirement will be in place until at least February 1, 2022, at which time the state will revisit the requirement.

The Supreme Court today separately upheld the Centers for Medicare & Medicaid Services (CMS) rule mandating that covered employees of Medicare- and Medicaid-certified providers and suppliers be vaccinated against COVID-19 ("CMS Mandate”). Accordingly, healthcare employers that accept Medicare and/or Medicaid should continue to observe the requirements of the CMS Mandate.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.

This memorandum is published solely for the informational interest of friends and clients of Ellenoff Grossman & Schole LLP and should in no way be relied upon or construed as legal advice.