The Fifth Circuit Court of Appeals has blocked OSHA from implementing and enforcing the vaccine mandate that affects employers with 100 or more employees.
Several courts filed challenges to the rule. When something like this happens, a “lottery” system is utilized to consolidate all of the appeals before the circuit court is selected in the blind lottery, which will then hear the challenge to the rule. That lottery is expected to take place on or about Monday, November 16th.
If the Fifth Circuit is not selected in the lottery, then another appeals court will have an opportunity to issue the controlling decision. The Supreme Court will likely ultimately rule on whether or not the President Biden’s COVID vaccine-or-testing policy for businesses with at least 100 employees will stand. Covered employers should still prepare for the upcoming deadlines (January 4th for the mandate) while this issue is bouncing around the courts.