The United Food and Commercial Workers International Union, the AFL-CIO and the Service Employees International Union filed petitions last week. Labor unions, meanwhile, are suing to expand the requirements to cover smaller businesses. Republican attorneys general in at least 26 states filed lawsuits against the vaccine and testing requirements, as have private companies and major industry groups such as the National Retail Federation, the American Trucking Associations and National Federation of Independent Business. 4 deadline through an extremely expedited review, Tobias said, but the side that loses will almost certainly appeal to the Supreme Court. The judges could issue a ruling before the Jan. Unvaccinated workers must start wearing masks indoors at the workplace beginning Dec. After that date, unvaccinated employees must submit a negative Covid test weekly to enter the workplace. 4 to ensure their staff are fully vaccinated with two doses of Pfizer's or Moderna's vaccine or one dose of Johnson & Johnson's. Under the new mandate - a workplace safety rule from the Occupational Safety and Health Administration - businesses with 100 or more employees have until Jan. Challengers have similarly filed motions asking for the rule to be paused in other circuit courts."The party of the appointing president is a rough measure of how any judge might rule in this complex appeal," Tobias told CNBC. The three-judge Fifth Circuit panel that halted the regulation is composed of Judges Kyle Duncan and Kurt Engelhardt, who were both appointed by the Trump administration, and Judge Edith Jones, a Reagan administration appointee.Ī group of companies led by BST Holdings sought the stay in the Fifth Circuit, where they filed suit on Friday seeking to have the measure voided. The emergency temporary standard is supposed to last just six months, heightening the significance of any delay before the rule gets full judicial review.
The order comes a day after the Occupational Safety and Health Administration officially published its vaccinate-or-test regulation, which was met by a flurry of lawsuits from Republican state attorneys general, companies, and other organizations seeking to block it.
Court of Appeals for the Fifth Circuit put the newly minted workplace mandate rule on hold Saturday pending further litigation. A federal appeals court in New Orleans suspended the Biden administration’s emergency temporary rule requiring employers to mandate Covid-19 vaccination or regular testing.Ĭiting “grave statutory and constitutional issues,” the U.S.
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