Tuesday, November 9, 2021

Coronavirus Update 11-9-2021: White House tells employers to proceed with vaccine mandate despite 5th Circuit stay; I concur

People should not wait. They should continue to move forward and make sure they’re getting their workplace vaccinated.

– White House Deputy Press Secretary Karine Jean-Pierre, Nov. 8, 2021

On Saturday, the 5th Circuit Court of Appeal (which covers Texas, Louisiana, and Mississippi) entered an order staying OSHA's "vaccine or test" rule for employers with 100 or more employees.


  • Does that order only apply to employers in the three states within the 5th Circuit, or does it apply nationwide?
  • What happens next?
  • Most importantly, what should employers do now?

I have answers, which I offer in this short video, which I recorded yesterday. 

Employers must assume that the OSHA ETS is taking effect as planned and stay the course. January 4, 2022, will be here before we know it, and employers that don't start planning now will be caught out of compliance.