![]() On December 17th, it dissolved the Fifth Circuit’s stay.Īs a result of the Sixth Circuit’s decision, the ETS is now back in effect. Under the rules governing multi-circuit litigation, however, the Sixth Circuit was selected by lottery to review consolidated challenges to the ETS. In November, the Fifth Circuit Court of Appeals issued a nationwide stay of the ETS, pausing implementation and enforcement. The ETS faced dozens of legal challenges in multiple jurisdictions as soon as it was issued in November. ![]() The ETS requires private employers with 100 or more employees to require employees to be vaccinated against COVID-19 or undergo weekly testing and wear a face covering. On Friday evening, December 17, 2021, the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety & Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) on Vaccination and Testing.
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