• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Brunini Law
Menu
  • About Us
      • Firm Overview
      • Diversity Matters
      • In the Community
      • Pro Bono
      • Legal Networks
      • Brunini, Grantham, Grower & Hewes, PLLC, founded over one century ago, today is one of Mississippi’s largest and most respected law firms. Our Firm’s practice is organized into three major areas of concentration: Commercial, Litigation and Regulatory law. Whether in a courtroom or the boardroom, we treat our client's business as we would our own.
    Close
  • About Us
  • People
      • Attorney Directory
      • Attorney Search
      • As one of Mississippi's oldest law firms, many of our attorneys have unmatched experience in industry sectors ranging from Energy to Telecommunications - from Litigation to Cyber Security.
    Close
  • People
  • Practices
      • Commercial
      • Litigation
      • Regulatory
      • The practice of law at Brunini is diverse, comprehensive and sophisticated. The scope of our services is coordinated across clients, industries and issues. The Brunini Firm is organized into three major areas of concentration that function optimally within the context of the law itself: Commercial, Litigation and Regulatory.
    Close
  • Practices
  • Careers
      • Recruiting
      • Summer Associates
      • Diversity
      • The Brunini Firm recruits new quality attorneys to meet its clients' increasing demands. The Firm interviews at a number of law schools and has an active summer clerkship program which is an integral part of its overall recruiting effort. We also recruit experienced attorneys with proven abilities and particular expertise to help us meet our clients' specific needs.
    Close
  • Careers
  • News
      • News
      • Coronavirus Updates
      • Blog
      • Recent Experience
      • Rankings & Awards
      • Newsletters
      • Newsletter Signup
      • Check here often for firm news, blogs, rankings and awards, and other recent developments involving Brunini and its lawyers. You can also review recent firm newsletters here and sign up to receive the newsletters by email.
    Close
  • News
  • Office
      • Jackson
      • P: 601-948-3101
        190 East Capitol Street
        The Pinnacle Building, Suite 100
        Jackson, MS 39201
    Close
  • Office
    • Jackson
    • Close

U.S. Supreme Court Blocks OSHA’s Vaccine-or-Test Rule for Large Employers

January 13, 2022 by Brunini Law

By: Claire Williams and Chris Fontan

On January 13, 2022, the Supreme Court of the United States re-instated a nationwide stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”).  The Court’s stay of OSHA’s ETS prevents OSHA from enforcing the standard, which officially went into effect on January 10, 2022.

In a per curiam opinion, the Court held that emergency relief from the ETS is warranted because the applicants, including 27 states, are likely to prevail on their argument that OSHA’s ETS exceeds its statutory authority and is unlawful.  The Court reasoned that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly.”  The Court went on to state that “requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”

Justice Gorsuch authored a concurring opinion, which was joined by Justices Thomas, and Alito.  Justices Breyer, Sotomayor and Kagan dissented.

The Supreme Court’s stay remains in place pending further litigation and a ruling on the merits of the petitions for review in the United States Court of Appeals for the Sixth Circuit.  However, given the limited shelf-life of the ETS itself and the language used by the majority of the Justices, many feel that the Supreme Court’s decision on the stay ultimately seals the fate of the ETS.   We are monitoring these events and will update you accordingly.  In the meantime, feel free to contact any member of Brunini’s Labor & Employment Practice Group if you wish to discuss.

 

 

 

Practice Attorneys

  • Christopher R. Fontan
  • Claire Williams

Practice Groups

  • Labor and Employment
Back to Labor and Employment

sidebar

News

  • News
  • Coronavirus Updates
  • Blog
  • Recent Experience
  • Rankings & Awards
  • Newsletters
    • Banking
    • Brunini Update
    • Environmental Law
    • Labor and Employment
    • Health Care
  • Newsletter Signup
  • Jackson
©2023 Brunini. All rights reserved. Web Site by Fishman Marketing.
  • Firm Access
  • Disclaimer
  •