1.13.22 COVID-19 Bulletin: SCOTUS Blocks Vax-or-Test Rule
Blog Categories
January 13, 2022
This afternoon, the U.S. Supreme Court blocked OSHA’s emergency rule that required employees at workplaces of 100 or more to be vaccinated against COVID-19 or test weekly.
The court issued a temporary stay, meaning that enforcement of the rule should be paused while circuit courts consider the case more fully.
The rule has been subject to heavy litigation, being blocked by one circuit court and reinstated by another. The Supreme Court heard oral arguments on the rule last Friday, and OSHA began enforcement of the rule Monday.
In the decision, the majority took issue with the fact that Congress did not weigh in on this mandate. The majority wrote that, “although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here. … Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.”
Justices Breyer, Sotomayor, and Kagan dissented.
In a separate decision, the court voted 5-4 to uphold a vaccine mandate for healthcare workers in facilities that receive federal funds.
The BNP will continue to keep you informed as the federal government debates this issue.
Related Posts
9.28.21 Advocacy Alert: NYS To Raise Minimum Wage
The New York State Department of Labor announced a forthcoming increase in the minimum wage across upstate New York.
On December 31, the minimum wage in our region will rise to $13.20 per hour, a 70-cent increase from the current rate.
9/24/21 Webisode: Navigating the New Federal Vaccine Mandate for Employers
President Joe Biden recently announced a new mandate requiring all employers with 100 or more employees to ensure their workforce is fully vaccinated or require weekly testing of unvaccinated workers.
9.20.21 Advocacy Alert: Border Closure Extended Through October
This morning, the U.S. federal government announced that it will be extending its closure to Canadian travelers through October 21.
Non-essential Canadian travelers have been banned from entering the U.S. since March 2020. Despite calls from the BNP, numerous members of Congress, and chambers across the nation to open the border, the Biden administration has not relented in its approach – even after Canada opened its doors to American travelers in August.
9.9.21 COVID-19 Bulletin: Biden To Mandate “Vax or Test” Requirement for Large Employers
Yesterday, Governor Kathy Hochul announced she would repeal the state’s mask mandate, effective today. However, her announcement did not proactively address how the repeal coincided with the NY HERO Act, which would have required employees in most workplaces to continue masking.