Since the Biden Administration issued three sweeping vaccine mandates for different areas of the private sector, there have been numerous court challenges. These challenges have resulted in all three mandates being blocked by federal courts. The Vaccine Mandates from OSHA, CMS and for Federal Contractors have all been put on hold until further notice. These mandates would require employers with more than 100 employees, health care facilities, and federal contractors to create and enforce some sort of vaccine mandates for their employees The Biden Administration has stated it will attempt to defend all the mandates. With stays issued from different federal courts there is a potential for all three cases to make it to the Supreme Court for the ultimate decision on the legality of the mandates.
This leaves employers subject to these mandates uncertain about the future. As of right now, employers who fall under one of these mandates are not required to move forward with a vaccine mandate for their employees. This means the much anticipated December 6, 2021 preliminary compliance date is no longer applicable. However, this does not mean that employers are completely out of the woods.
This might be the perfect time for employers to discuss potential plans for a vaccine mandate. Employers should consider what policies would need to be in place and what information they would need from their employees.
If you need advice or policies for potential implementation, please reach out to our employment team. We would be happy to assist you and your business with any questions you might have. We will continue to monitor these legal developments and provide updates to our website.
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