OSHA plans regarding vaccine mandate litigation
Updated: Jan 5, 2022
The Supreme Court would have to go "pedal to the metal" to rule on the ETS before its expiration date.
Large swaths of the United States' employment law community have their eyes glued to one particularly lengthy court docket: BST Holdings, LLC, et al v. OSHA, et al, the consolidated proceedings on the Occupational Safety and Health Administration's COVID-19 vaccination Emergency Temporary Standard now before the 6th U.S. Circuit Court of Appeals.
The 6th Circuit has set a deadline for parties to file motions to alter, cancel, or prolong the stay on the ETS imposed by the 5th Circuit since the case was assigned. Multiple parties have filed motions in the case, resulting in a situation that is rarely seen in circuit court. "It's all over the place," Fox Rothschild partner Andrew MacDonald said, "and the court has no jurisdiction to prohibit the parties from submitting motions."
An OSHA motion to alter the court's stay schedule and shift key dates forward is among the documents filed. Opponents of the agency have filed an objection to the proposal, but the 6th Circuit has not signaled that it will change its deadline.
Dates for the OSHA ETS and the consolidated suit against it:
Nov. 30, 2021: Deadline for parties wishing to file a motion to modify, revoke or extend the ETS' stay
Dec. 7, 2021: Deadline for responses to any motion. (OSHA's Nov. 24 motion proposed moving this deadline to Dec. 2).
Dec. 9, 2021: 30 days from the day of the ETS' publication. The deadline by which employers with 100+ employees would need to implement a mandate, making all workers get the vaccine against COVID-19 by Jan. 4, 2022.
Dec. 10, 2021: Deadline for parties to file replies to the responses. (OSHA's Nov. 24 motion proposed moving this deadline to Dec. 6)
Jan. 4, 2022: Under the ETS, the deadline by which employers with 100+ employees would need to set weekly testing requirements for workers who didn't get the vaccine against COVID-19.
Source 資料來源: www.hrdive.com
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