IWLA’s Lawsuit to be Heard Before the U.S. Supreme Court

National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration, a lawsuit brought by IWLA and other plaintiffs, will be heard before the Supreme Court of the United States (SCOTUS) on Friday, January 7, 2022.

The suit concerns the enforceability of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS), requiring employers with 100 or more employees to ensure their workers are fully vaccinated or undergo weekly testing for COVID-19. At issue is the stay on OSHA’s ETS that was initially put in place by the 5th Circuit Court of Appeals only to be overturned by the 6th Circuit Court of Appeals on December 17, 2021. IWLA’s case supports the stay on OSHA’s ETS while the merits of the ETS itself undergo challenges in the courts.

The ETS would affect more than 84 million workers across the United States. Unless SCOTUS acts immediately, employer compliance with large parts of the ETS will begin on Monday, January 10, 2022. OSHA has published a list of frequently asked questions and answers pertaining to the ETS on its website.

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