The mandate lawsuit: Roadblock or just a speed bump?

Some employers are holding off on complying with OSHA's new vaccine-or-test mandate while its legality is debated in the courts. At issue: Is OSHA's order within the scope of the agency's emergency powers? If so, is it constitutional?

But employment law experts are advising employers to keep planning as if the mandate will be upheld. That's because there's a good chance it will be.

Challenges to the mandate have been filed nationwide. Already, one court (the conservative Louisiana-based U.S. Court of Appeals for the 5th Circuit) has ruled against OSHA, putting a temporary freeze on the mandate. As a result, OSHA has suspended enforcement of the mandate while it's being appealed.

But that was just the opening round of...