Supreme Court Will Hear Arguments on Challenge to ETS But Compliance Deadlines are Still in Place
You may have seen in the news that the US Supreme Court has agreed to hear oral argument on the ETS and the stay that has been lifted, pending full review by the Court. The argument is scheduled for January 7. However, the current deadlines for compliance with the ETS continue to be January 10 for all requirements other than testing, and February 9 for the testing obligations.
Also on January 7, the Supreme Court will hear similar arguments regarding the CMS interim rule for healthcare facilities that was issued on November 5, which remains under injunction for those states that filed suit challenging the mandate. Unlike the ETS, the first deadline for CMS mandate compliance has already come and gone (it was December 5 for all covered employees to have received at least the first vaccination dose and for employers to meet the required policies and procedures). The second deadline, which is for all employees to be fully vaccinated, is January 4, which occurs prior to the Supreme Court’s argument.
We cannot predict what the outcome of the arguments to the Supreme Court will be after January 7. Given that, it is highly recommended that covered employers plan to be in compliance with the ETS and/or CMS mandates by the current deadlines.