The Supreme Court Has Blocked the Federal “Vax or Test” Rule. Now What?

Earlier this month, the US Supreme Court decided that the US Occupational Safety and Health Administration Emergency Temporary Standard (“OSHA ETS”)  cannot be enforced in its current form.  OSHA had drafted the ETS to require employers of 100 or more employees to mandate COVID vaccination or regular testing within its workforce.  As employers wait to see how OSHA responds, please see this article from Fisher Philips for guidance on how employers can best position themselves.