Employment Law Bulletin

A Monthly Report On Labor Law Issues

Volume XXXX, Issue 2

In this issue: In January 2022, the US Supreme Court ruled that OSHA was not authorized by Congress to issue a vaccination mandate; however, a separate vaccination requirement for about 10 million health care workers could still proceed. The federal mandate for most federal workers remain in place, while the mandate for federal contractors, which would apply to approximately a quarter of the US workforce, is pending in several court appeals. In response to the ruling, President Biden has urged private businesses to require vaccinations. While many employers already impose vaccination requirements, some employers have decided not to mandate vaccination. Various state and local laws may require vaccine mandates or prohibit vaccine mandates. Dozens of lawsuits have been filed against vaccine mandates from private employers. Regular COVID-19 testing could potentially be an accommodation option for employees whose religious beliefs or disabilities prevent them from being vaccinated.