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Caitlan Rocha is an associate in the Labor and Employment Practice Group in the firm's Orange County office.

On November 4, 2021, in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), issued an Emergency Temporary Standard (“ETS”).  You can read our prior article about the ETS here.  Generally, the ETS mandates all employers with 100 or more employees to require employees be vaccinated against COVID-19 or undergo weekly testing.  The ETS was immediately halted when the United States Court of Appeals for the Fifth Circuit issued a temporary stay.  Then, numerous lawsuits were filed across the nation, and actions were pending in each of the other Circuit Courts.  The Sixth Circuit “won” the multidistrict lottery, and was selected to hear the combined challenges, including OSHA’s emergency motion to dissolve the stay.  You can read our prior article about the temporary stay here.
Continue Reading Sixth Circuit Reinstates OSHA’s Emergency Temporary Standard for Private Employers Mandating COVID-19 Vaccinations or Weekly Testing