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The Supreme Court temporarily blocked the mandate for employers with 100 or more workers requiring them to mandate and verify that all employees are vaccinated against COVID-19 or test unvaccinated employees weekly for COVID-19 and ensure those employees wear masks in the workplace.

The Supreme Court did, however, vote 5-4 to retain the mandate for health care workers. And while the 6-3 vote striking down the vaccine-or-test mandate for large employers temporarily blocks enforcement of the mandate, litigation over its legality continues in lower courts.

The original mandate, an emergency temporary standard, made by the U.S. Department of Labor’s Occupational Safety Health Administration, originally went into effect in early November. Two days later, the U.S. Court of Appeals for the Fifth Circuit issued a stay order, effectively halting implementation of the ETS. Subsequently, the U.S. Court of Appeals for the Sixth Circuit dissolved the Firth Circuit’s order; the Supreme Court was then petitioned regarding another stay of the ETS.