Supreme Court Quashes Biden's Covid-19 Vaccine Mandate for Employers With at Least 100 Employees

The Supreme Court voted 6 to 3 to repeal the federal vaccine mandate for employers with 100 or more employees. The case was sent back to the lower courts for a ruling on the merits, but it was killed because the author of the decision was not named.

The mandate, dubbed the Vaccination and Testing Emergency Temporary Standard, went into effect on Monday but had been criticized by members of the business community. The National Federation of Independent Business is the main party in the suit and the high court ruled against the Occupational Safety and Health Administration.
The Supreme Court held that OSHA overstepped its bounds and that it was not an everyday exercise of federal powers.

The Supreme Court's decision negates the removal of Covid-positive employees from the workplace and facial coverings for unvaccinated employees, according to Jon Hyman, an employment attorney and partner at Wickers Herzer Panza.

There are a few answers to your questions about what to do about this.

Catherine Barbieri, co-chair of the Labor & Employment Department at Fox Rothschild, says that it's up to your state law.

Even if OSHA didn't have the authority to mandate tests, vaccines, and masks, you still have an obligation to keep your employees safe. It's up to you if your state law allows it.

Texas and Florida have laws that limit preventative measures businesses can take. Double-check with your employment attorney.

It's easier to tell your employees when it's unpopular, but it's up to you. Dan Schwartz, an employment attorney and partner at Shipman and Goodman, is warning that there are good reasons to think about mandates.

Employers have wide discretion to implement such a rule, as long as they consider exemptions for medical and religious reasons.
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Employers will not be able to use the OSHA ETS as a reason for doing so.

The Covid-19 safety plan was one of the requirements. You don't have to do weekly testing for your unvaccinated employees, but you do need to have a safety plan in place for your employees. Current best practices for keeping your employees safe should be reflected in it.

Entities with 100 or more employees were covered by the OSHA. The Supreme Court upheld the mandate for hospitals, nursing homes, and other Medicare-covered businesses.
Federal contractors and employees are subject to different rules that haven't been thoroughly tested at the Supreme Court level. If your business falls under these rules, you need to follow testing, vaccination, and masking policies mandated by those rules.