Supreme Court Just Stayed Enforcement of President Biden’s Vaccine Mandate

By Brett J. Schneider and Michael Kantor

Posted January 13, 2022

Earlier today, the United States Supreme Court issued a decision staying enforcement of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) that would have required employers with more than 100 employees to implement COVID-19 vaccination policies. As a result of the Supreme Court’s decision, the OSHA ETS is delayed pending a final decision from the Supreme Court. However, today’s Supreme Court decision casts serious doubt on whether the OSHA ETS will ever become effective.

In light of the Court’s decision, Florida employers should be mindful of recent laws enacted by the Florida state legislature, including HB-1’s prohibition against employer vaccine mandates unless such mandates provide broad exemptions for religious and medical reasons, as well as exemptions for documented natural immunity.

The information contained in this document does not constitute legal advice.

Brett J. Schneider

Brett Schneider is the Managing Director of the Palm Beach office and chair of the firm’s Labor and Employment Division. As a Florida Bar Board Certified attorney in Labor and Employment Law, Brett helps public and private sector employers resolve issues in a prompt and efficient manner.

Michael Kantor

Michael Kantor represents local governments and corporate clients in labor and employment litigation and commercial litigation. In the labor and employment field, Michael handles discrimination charges brought against public and private entities pursuant to state and federal anti-discrimination and wage and hour laws, including Title VII, the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Florida Civil Rights Act and the Florida Whistle-blower’s Act.