Late Friday, November 12, the Fifth Circuit, after reviewing additional briefing, issued a ruling reaffirming and continuing its stay of OSHA’s private employer vaccine mandate (ETS) applicable to employers with more than 100 employees. There are similar challenges pending in every circuit court except the Tenth and the expectation is that this week, a lottery will be held to assign the case to one circuit to decide the matter. That one circuit can continue the Fifth Circuit’s decision or vacate it. Ultimately, the Supreme Court will likely decide the matter. As of now, depending upon your tolerance for risk, our advice is that you should continue to prepare as if the ETS takes effect as planned.