Keeping up with the vax mandates in the States has been frustrating. Here’s a rundown for those who want to stay in the know from an employment perspective:
🟢 OSHA 100+ Employee Vax or Test Rule:
This went into effect Monday, January 10. Currently, unvaxxed employees are required to wear masks, and companies should have a compliant policy. In February, a testing requirement will start if the Supreme Court hasn’t intervened.
The Supreme Court heard oral arguments last week and many justices were skeptical of OSHA’s authority to implement such a broad-sweeping rule. Multiple judges provided incorrect facts about the pandemic, some of which have been corrected in the Court’s transcript.
🔴 Federal Contractor Vax or Exemption Rule:
Still blocked for now.
🟡 CMS Vax Mandates:
Blocked in some states, but not others (see comments), and a challenge was just heard by the Supreme Court.
CMS stands for the Center for Medicare and Medicaid Services – the mandate is applicable to any facilities that receive federal funding through CMS. Many CMS funded facilities are in healthcare.
🟢 Company Policies:
Separate and apart from the federal rules, companies have the ability to implement their own requirements regarding COVID-19.
📝If you are an employer or employee needing assistance with navigating legal requirements or exemptions, please don’t hesitate to reach out to me. My firm has drafted and advised on countless COVID-19 policies, and also has assisted multiple employees with exemptions and claims against their employers for violations of Title VII (religious accommodation) and the ADA (disability accommodation). My firm covers DC, Maryland, and Virginia.
Katie Lipp is the Founder + CEO of Lipp Law. Katie assists companies and employees with difficult employment situations, and has helped countless clients with navigating the pandemic while achieving minimal disruptions to their working situation. Contact Katie at firstname.lastname@example.org.
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