The U.S. Supreme Court has issued two opinions on COVID regulations impacting employers and workers across the country. In the first, the Court stayed the Occupational Safety and Health Administration’s (“OSHA”) “vaccine or test” mandate for employers with 100 or more employees, finding that OSHA had overstepped its authority in promulgating the rule. In the second, the Court allowed a rule implemented by the Centers for Medicare and Medicaid Services (“CMS”), requiring healthcare facilities to ensure vaccination of their entire workforces, with no testing alternative. The seemingly contradictory opinions have set the world of legal commentary aflame, but more importantly, have left employers asking: what do we do now?

Orginally published in the Employee Benefit Plan Review, March-April 2022.