Moments ago, in a 6-3 decision, the U.S. Supreme Court has halted the enforcement of the Federal OSHA Emergency Temporary Standard requiring that employees of businesses that employ 100 individuals or more be fully vaccinated against the Covid-19 virus or submit to weekly testing. The ruling removes the burden of implementing and recording vaccine policies effective immediately.
While the ruling stays the vaccine mandate for private employers, the court allowed a vaccine mandate to stand for medical facilities that take Medicare or Medicaid payments.
As discussed below and earlier this week, the IL DOL adopted the federal rule. At the time, according to the Governor's office, if the federal rule was overturned by the Supreme Court, the state rule would be rescinded.
We are waiting word from the IL DOL as to the status of the rule currently.
As you are aware from previous alerts, the Biden administration filed vaccination and testing requirements for companies with 100 or more employees. Several states and business associations immediately filed several lawsuits over the mandate. As a consequence, a lawsuit is currently being litigated before the United States Supreme Court regarding the mandate.
This past Friday, the Illinois Department of Labor (DOL) filed an emergency rule that adopted the federal rule requiring vaccination or testing for companies with 100 or more employees. The DOL was required to adopt the federal rule within a certain time frame.
The Pritzker administration is on record saying that if the Supreme Court rules against the federal mandate, then the IL DOL rule would be rescinded immediately. Additionally, the Governor's office has stated there are no plans for a state vaccination or testing mandate for private employers.