VAX Mandate….Not so fast my friend….5th Circuit Says Wait!

November 08, 2021

As many of you are aware, the Biden Administration, through OSHA, provided more guidance on the upcoming vaccination mandate for employers with 100+ employees last week.  If you are really looking for something to read, here is the full text of the mandate.  For the cliff notes, here are links to the Summary, the FAQs, and the Fact Sheet.  Also, below are some of the key points:

  • Businesses have until January 4th to ensure employees are vaccinated;
  • All unvaccinated workers must begin wearing masks by December 5th and provide weekly negative Covid tests after the January 4th deadline;
  • Businesses are not required to pay for the weekly tests (unless State or local laws or labor contractual obligations are in force); businesses do not have to pay for masks either
  • Federal Contractors, who previously had to comply with the vaccine mandate by December 8th, have now been pushed back to January 4th; and
  • Exemptions for religious beliefs, disabilities and medical conditions are applicable.

However, in the words of Lee Corso: “Not so fast my friend!”  Yesterday, the 5th Circuit Court of Appeals (TX, LA and MS for non-lawyers) issued a a stay on the mandate saying there may be “grave statutory and constitutional” issues with the rule.  The Biden administration is directed by the Court to respond by Monday at 5pm.  Stay tuned, but I have a feeling this will end up at the Supreme Court.

Here are some other items of interest:

Helpful Coronavirus Resource Pages

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As always, please don’t hesitate to email myself (, Andy Miller (, Christian Miller (, Erik Spurlin ( or anyone in our office with questions or comments.  


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