Early this afternoon the Supreme Court entered a 6-3 decision staying enforcement of the OSHA COVID-19 Emergency Temporary Standard. The Court’s decision is the rule exceeds OSHA’s statutory authority, and that the states, businesses, and nonprofit organizations that challenged the rule are likely to prevail in the underlying litigation.
What is important to point out is that the Court’s ruling is specific to the federal OSHA rule. As was discussed yesterday, the Court’s ruling does not stay or invalidate rules from state workplace safety agencies (such as Minnesota) that require actions the same as, or similar to, the ETS, and which impose similar fines and sanctions. Neither will the Court’s ruling impact executive branch employees, federal contractors, or health care workers subject to similar requirements under different federal regulations. Private employers who voluntarily chose, or choose, to implement testing or vaccination policies will also be unaffected by this decision.
We will be following how the states react, and will update our alerts.
Leech Tishman’s Facebook Page: https://www.facebook.com/leechtishman
Leech Tishman’s Twitter: https://twitter.com/LeechTishman
Leech Tishman’s Company Page on LinkedIn: https://www.linkedin.com/company/leech-tishman
Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in business restructuring & insolvency, corporate matters, employment & labor, estates & trusts, intellectual property, litigation & alternative dispute resolution, and real estate. In addition, the firm offers a wide range of legal services to clients in the aviation & aerospace, cannabis, construction, energy & natural resources, healthcare, and hospitality industries. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York, Philadelphia, Sarasota, Washington, D.C. and Wilmington, DE.