For a brief moment, large swaths of the U.S. employment law community have their eyes glued to one particularly lengthy court docket: BST Holdings, LLC, et al v. OSHA, et al, the consolidated proceedings on the Occupational Safety and Health Administration's COVID-19 vaccination Emergency Temporary Standard now before the 6th U.S. Circuit Court of Appeals.
Since the case's assignment, the 6th Circuit has established a timeline for parties to file motions to modify, revoke or extend the stay on the ETS placed by the 5th Circuit. As expected, multiple parties have filed motions in the suit, creating a situation that is rarely seen in the circuit court context. "It's kind of all over the place," said Andrew MacDonald, partner at Fox Rothschild, "and the court doesn't have any power to stop the parties from filing motions."
That list of filings includes an OSHA motion to amend the schedule for the court's stay and move several of the deadlines forward. The agency's opponents have filed an opposition to that proposal, but the 6th Circuit so far has not indicated it will amend its timeline.
This date marks 30 days from the day of the ETS' publication, and it is the deadline by which employers with 100 or more employees would need to implement a mandate so that workers could be fully vaccinated against COVID-19 by Jan. 4, 2022.
Deadline for parties to file replies to the responses....
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