Erickson|Sederstrom provides this update regarding the status of various vaccine mandates issued by the Biden administration. These mandates have been the subject of court challenges with varying results. It continues to be crucial for employers to remain up to date regarding the current status of vaccination requirements that affect their businesses, as the litigation will continue to move through the courts, leading to unpredictable outcomes until final resolution is reached, likely in the Supreme Court of the United States.
In a key development, an injunction against enforcement of the large business mandate was lifted on December 17.
Large Business Mandate
Businesses with 100 or more workers must require employees to be vaccinated. Unvaccinated employees must be tested weekly and wear masks while working. The rule contains exceptions for employees who work alone or mostly outdoors.
This rule had been enjoined nationwide. On Dec. 17, a three-judge panel of the 6th U.S. Circuit Court of Appeals allowed the mandate, lifting the injunction against enforcement. Multiple cases from across the country had been consolidated into the 6th Circuit, which was selected at random through a court lottery system.
OSHA has announced that it will not issue employer citations before Jan. 10 for its vaccination mandate or before Feb. 9 for its testing requirement.
Health Care Worker Mandate
A wide range of health care providers that receive federal Medicare or Medicaid funding were to require workers to receive the first dose of a COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4. The rule would affect more than 17 million workers in thousands of health care facilities and home health care providers.
The rule is enjoined in Nebraska and adjoining states. A Missouri-based federal judge issued an injunction Nov. 29 barring the rule from enforcement in 10 states that had originally sued in federal court in Missouri. There are injunctions in place in some other states based on separate lawsuits.
The Biden administration is appealing these court rulings in separate appellate courts. At this point, the cases have not been consolidated into any one federal appellate court.
Federal Contractor Mandate
Contractors and subcontractors for the federal government are required to comply with federal workplace safety requirements, which require that new, renewed, or extended contracts include a clause requiring employees to be fully vaccinated Jan. 18. There are limited exceptions for medical or religions reasons.
A federal judge in Georgia issued an injunction December 7 prohibiting enforcement of the requirement for contractors. The ruling applies nationwide. An appeal is expected.