A Federal appeals court has temporarily blocked OSHA’s vaccine rule. Citing to potential “grave statutory and constitutional issues” with the rule, the 5th Circuit promised an expedited judicial review of whether to block it permanently. We expect that even after the 5th Circuit rules, the Supreme Court will be asked to weigh in. We also, of course, will be closely monitoring this legal development, which impacts employers nationwide. Although the future of the OSHA vaccine rule is unknown at this time, employers should continue to take steps to come into compliance given the short compliance window provided by OSHA if the rule is upheld. Our comprehensive post on the OSHA rule and employer compliance steps can be found here.
Delaney Busch is a Mintz associate in the firm's Boston office. Focusing on federal and state employment matters, Delaney defends clients against claims of discrimination, sexual misconduct, harassment, and wage and hour violations in federal and state courts and before administrative agencies. Her clients have included Fortune 500 companies, insurance companies, prominent medical providers, manufacturers, and luxury fitness facilities.