Fifth Circuit Court of Appeals in New Orleans Issues Stay of OSHA’s Emergency Temporary Standard

This morning, November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans issued a stay of OSHA’s Emergency Temporary Standard. The court set a deadline of Monday, November 8 for the Department of Labor to file its response to the petition for a permanent injunction, and Tuesday, November 9 at 5:00 pm for Texas, Louisiana, Mississippi, South Carolina and Utah to file a reply to the response. A copy of the court’s order is available here.

The order covers businesses and efforts to enforce the ETS only in the states of Texas, Louisiana, and Mississippi. As of the time this alert has been published, 26 states have filed petitions to enjoin the Emergency Temporary Standard in various courts. Applications for stay are pending in other circuits. This alert will be updated as those courts take action.

Employers with questions related to COVID-19 and the workplace following the ETS, or other questions related to employment law, should contact Philip Toomey.

Philip Toomey is Chair of the firm’s national Employment & Labor Practice Group, where he also leads the Public Sector Employment Group. He can be reached at 424.738.4400 or ptoomey@leechtishman.com.