Some important happenings this week with regards to the Biden administration’s vaccine mandates for employers with 100 or more employees. Following up on its original order granting an emergency stay against the Emergency Temporary Standard (ETS), the Circuit Court of Appeals for the 5th District, headquartered in New Orleans, went one better this week and issued a nationwide stay against the ETS. Further, the court ordered OSHA to “take no steps to implement or enforce the ETS until further court order.” In recognition of the court decision, OSHA subsequently announced that notwithstanding its belief that the ETS is within its powers, it was suspending all activities relating the implementation and enforcement of the vaccine mandate pending further rulings by the court in this and other litigation. In its 22-page decision, the court employed several rather derogatory descriptions of the standard – which was to take full effect on January 4, 2022 – calling it “staggeringly overbroad”, “fatally flawed”, and both “overinclusive” and “underinclusive.”