President Biden’s Vaccine Rule for U.S. Companies Temporarily Stayed by 5th Circuit Court of Appeals

On Saturday, November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed President Biden’s vaccine mandate requiring U.S. companies with 100 or more employees to be vaccinated against COVID-19.

The Department of Labor’s Occupational Safety and Health Administration (OSHA) announced the vaccine rule on November 4, 2021. The mandate requires U.S. businesses with 100 or more employees to ensure each worker is fully vaccinated against COVID-19 or require from workers weekly COVID-19 testing. The rule requires that employers provide paid-time for employees to get vaccinated, along with ensuring that all unvaccinated workers wear a face mask in the workplace.

The rule was challenged in federal court by the attorneys general of Texas, Louisiana, Mississippi, South Carolina, and Utah. Different private businesses and advocacy groups also joined the attorneys general in challenging the OSHA rule. The Fifth Circuit’s November 6th order stayed the OSHA rule “[b]ecause the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate.”

Additional Reading

Federal appeals court temporarily halts new Biden vaccine rule for companies, The Verge (November 6, 2021)

BST Holdings v. OSHA, No. 21-60845 (5th Cir. 2021)

Fact Sheet: Biden Administration Announces Details of Two Major Vaccination Policies, The White House (November 4, 2021)