search
cart
facebook twitter linkedin youtube instagram Spotify Podcasts Apple Podcasts Spotify Podcasts Apple Podcasts
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • NEWS
  • TOPICS
    • Cool Roofing
    • Event News
    • Latinos in Roofing
    • Low Slope
    • Legal
    • Metal
    • Project Profiles
    • Roofing Supply Pro
    • Roofing Safety
    • Steep Slope
    • Sustainable Roofing
    • Technology
  • EXCLUSIVES
    • Best of Success
    • Contractor Profile
    • IRE Show
    • Roofing Contractor of the Year
    • Top 100
    • Young Guns
    • State of the Industry
    • Century Club
  • MULTIMEDIA
    • Videos
    • Podcasts
    • Interactive Spotlights
    • Roofing Quizzes
    • IRE Videos
    • Webinars
    • Photo Galleries
  • PRODUCTS
    • New Products
    • Featured Products
  • COLUMNS
    • Editor's Note
    • Exit Planning
    • Legally Speaking
    • Safety Advice
    • Technical Details
    • Guest Column
  • EVENTS
    • International Roofing Expo
    • Webinars
    • Best of Success Conference
    • Industry Events
  • DIRECTORY
    • Associations
    • Distributors
    • Manufacturer/Supplier
    • Business Services
    • Get Listed
  • MORE
    • Roofing Contractor eNews
    • RC Store
    • Roofing Supply Pro
    • Custom Content & Marketing Services
    • Market Research
    • Sponsor Insights
    • Company Spotlights
    • Classifieds
      • Auctions
      • Business For Sale
      • Business Opportunities
      • Equipment For Sale
      • Positions Available
      • Products
      • Safety
      • Software
      • Services
      • Training
    • Contact Us
  • EMAGAZINE
    • eMagazine
    • Advertise
      • Media Kit
      • Editorial Calendar
      • Contact
    • Archive Issues
  • SIGN UP!

Emergency Stay Temporarily Halts Vaccine Mandate for Larger Businesses

By Chris Gray
courtroom

Image by David Mark from Pixabay.

November 8, 2021

Roofing contractors preparing their businesses for the Biden administration's new vaccine mandate were given a reprieve by the 5th U.S. Circuit Court of Appeals.

The Appeals Court granted an emergency stay on the new mandate that businesses with 100 or more employees must vaccinate or regularly test workers. Louisiana Attorney General Jeff Landry filed a lawsuit challenging the legality of the new Occupational Safety and Health Administration (OSHA) rule mere hours after the administration published its Emergency Temporary Standard (ETS) to enforce the mandate.

In a written statement, Landry called the mandate an “egregious attack on the liberties and freedoms our great nation was built upon.”

"The Court’s action not only halts Biden from moving forward with his unlawful overreach, but it also commands the judicious review we sought,” Landry said. “The president will not impose medical procedures on the American people without the checks and balances afforded by the Constitution."

The Department of Labor’s legal adviser, Solicitor of Labor Seema Nanda, said the department is “confident in its legal authority to issue the emergency temporary standard on vaccination and testing.” According to OSHA, the ETS preempts and invalidates any state or local requirements that ban or limit an employer’s authority to require vaccinations, face coverings and COVID-19 testing.

Normally these circuit decisions only apply within a district, but Landry said the language employed by the judges gives the decision a national scope.

The ETS requires employers to have their workers vaccinated or undergo regular COVID-19 testing and wear face masks by Jan. 4. OSHA can issue penalties of $13,653 per violation, and up to $136,532 per willful or repeated violation.

In its decision, the Appeals Court states the mandate was stayed pending further action because “the petitions give cause to believe there are grave statutory and constitutional issues with the mandate.”

Louisiana joined Texas, Mississippi, South Carolina, Utah and businesses in its legal challenge. The Biden administration has continuously encouraged vaccinations as the quickest way to end the pandemic, saying the coronavirus has led to the deaths of 750,000 people in the U.S. since 2020.

KEYWORDS: COVID-19 face mask legal issues in AEC Louisiana OSHA (Occupational Safety and Health Administration)

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Chrisgray
Chris Gray is the editor of Roofing Contractor and Roofing Supply Pro. He has worked in the fields of journalism and copywriting for nearly 20 years, ranging from local print newspapers to the multi-media promotion of international artists.


Reach him at 248-244-6498 or grayc@bnpmedia.com.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • Roofing Contractor Group Publisher Jill Bloom

    Physics, the Power of Authenticity and You

    In February's Publisher's Note, Jill Bloom describes a...
    Columns
    By: Jill Bloom
  • The Family Food Fare supermarket in Midland, Mich.

    ‘Rooftop Ninja’ Discovered Living on Roof, Inside Grocery Sign

    A bizarre tale out of Midland, Mich.: a woman dubbed the...
    Roofing News
    By: Bryan Gottlieb
  • A before and after heat measurement comparison

    How Hot is Too Hot in the Attic?

    If the ventilation is working, how hot should the attic...
    Steep Slope Roofing
    By: Paul Scelsi
You must login or register in order to post a comment.

Report Abusive Comment

Manage My Account
  • eMagazine Subscription
  • Sign Up for the eNewsletter
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Roofing Contractor audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Roofing Contractor or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • An overhead view of a residential block
    Sponsored byCBIZ CompuData

    From Spreadsheets to Strategy: How Roofing Companies Can Transform Financial Operations

  • Snow Guard Solutions for Metal Roofs by S-5!
    Sponsored byS-5!

    Safeguard Your Building: How Snow Guards Prevent Costly Roof & Property Damage

  • A hand holding a wooden block that reads 'EVOLVE'
    Sponsored byWatercress Financial

    Embracing Change: A New Era for the Roofing Industry

Popular Stories

Agentes de ICE arrestaron a casi una docena de empleados de una empresa de techos en Lowell, Massachusetts. Los arrestos son parte de una redada federal más amplia contra la contratación no autorizada y las violaciones migratorias en Boston.

ICE Redondea a Equipo de Techos Afuera de Boston

Florida has become the focal point for construction-site raids, attracting national attention and altering labor dynamics throughout the industry.

Florida Emerges as the Epicenter of ICE Raids

QXO CEO Brad Jacobs will share the company’s strategic vision today at the Wolfe Research Global Transportation & Industrials Conference in New York following its acquisition of Beacon Roofing Supply..

QXO’s Brad Jacobs Charts Growth at Wolfe Research Conference

Roofing Contractor Webinar

Events

December 3, 2025

The Premier Roofing Conference: Best of Success

Join roofing professionals from across the nation at the 2025 Best of Success conference, the ultimate destination for roofing professionals seeking the latest industry insights and networking opportunities. Pick up strategies for critical challenges like workforce shortage with innovative solutions, explore the latest advancements in roofing technology and sustainable practices, and gain valuable insights from industry leaders on navigating the evolving roofing landscape.

View All Submit An Event

Related Articles

  • gavel-900

    UPDATED: Court of Appeals Upholds Stay on Vaccine Mandate for Large Businesses

    See More
  • covid-19-vaccine-prep

    Biden’s Vaccine-or-Test Rule for Large Businesses Reinstated

    See More
  • Video_1170x878_Cotney26

    VIDEO: Biden Administration Withdraws Vaccine-or-Test ETS for Large Businesses

    See More
×

Be in the forefront of the roofing industry!

Join thousands of professionals today. Shouldn’t you know what they know?

JOIN NOW!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing