In an unexpected move, late on Friday night, the Sixth Circuit Court of Appeals lifted the stay on OSHA’s regulation requiring businesses with at least 100 employees to ensure that workers are either vaccinated or tested weekly and wear masks. Shortly thereafter, an emergency appeal was made to the United State Supreme Court. OSHA issued a statement over the weekend, stating that employers would have until January 10 to comply with the standard. Additionally, OSHA stated that it “will not issue citations for noncompliance with the standard’s testing requirements before Feb. 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.”
As we had previously discussed, the OSHA rule would apply to fiscal intermediaries in New York to the extent they are considered a joint employer of the personal assistants. The issue is slated for Supreme Court review, but it is unknown how the Supreme Court will rule.
We will continue to monitor this issue and advise of any updates.