Why is the employment lawyer blogging late on a Friday night? (Hint: ⚖️💉🤯)


I’ll get to my dessert in a bit. And, no, that’s not why I’m blogging tonight.

It’s because I love my readers — again, not the alcohol talking — and I thought you should know that the Sixth Circuit Court of Appeals has — get this — DISSOLVED the stay of OSHA’s vax-or-test Emergency Temporary Standard. That’s right! The OSHA ETS is back on! You can read a copy of the full opinion here.

You must have many questions…

  • Why did the “conservative” Sixth Circuit disagree with the Fifth Circuit? (I’ll tackle that on Monday.)
  • Eric, are you really drinking BTAC? (Sadly, no.)
  • Will the petitioners appeal to the Supreme Court? (Does a bear poop in the woods?)
  • Will OSHA begin enforcing the ETS in the interim? (Unclear. It hasn’t updated its website yet.)

Try to enjoy your weekend. But find some pearls for clutching. I’ll be back on Monday with an update.


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