On November 6, 2021, the United States Court of Appeals for the Fifth Circuit issued a temporary stay of the 100+ employee COVID-19 vaccine mandate requirements – the Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). The Fifth Circuit ordered the federal government to provide its response by 5pm today, November 8, and for the petitioners, a grouping of businesses and state governments to file additional briefing by November 9.

The 5th Circuit is the federal appellate court for Mississippi, Louisiana and Texas. The court’s order states that it ordered the stay because “the petition gives cause to believe there are grave statutory and constitutional issues with the Mandate.” This indicates to us that the 3-judge panel may attempt to give the case a national scope. Meaning, the decision could impact businesses doing business outside of Mississippi, Louisiana and Texas. 

The State of Iowa, 10 other states and others filed a similar lawsuit on Friday, November 5 in the United States Court of Appeals for the 8th Circuit, which is the federal appellate court covering Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota and Arkansas. The 8th Circuit has not yet ruled.  

Simmons Perrine Moyer Bergman PLC is continuing to monitor this case and its impact on our clients’ businesses. At this point, we recommend to continue to review and familiarize yourself with the OSHA ETS; determine what may be necessary to implement the ETS with your business and plan for any challenges that you may foresee. With the December 4 deadline for policies and the January 4, 2022 deadline for implementing vaccine requirements, we believe that the 5th Circuit will rule expeditiously. Please feel free to contact the employment attorneys at SPMB with any questions and we will continue to update you. 

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Erin R. Nathan
(319) 896-4013
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Disclaimer: This information is intended for general information purposes only and is not intended, nor should it be construed or relied on as legal advice. Please consult your attorney if specific legal information is desired.

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