Will Joe Biden’s Vaccine Mandate for Large Companies Have Legal Ramifications?

September 10, 2021

Can the feds enact a vaccine mandate?

“The concept that OSHA would issue a regulation that governs arguably health and safety in the workplace is probably the easiest way to go to some sort of vaccine mandate,” said Domenique Camacho Moran, a partner at the labor and employment practice of New York-based law firm Farrell Fritz.

“From an employers’ perspective, there will undoubtedly be challenges to this rule,” she added, but it’s likely to be “to be time-consuming and expensive.” Given that Biden’s plan offers weekly testing as an alternative to getting a COVID-19 vaccine will also “make a challenge much more difficult.”

On the other hand, “many employers were already thinking about how to manage the vaccine question, so this comes as a welcome direction,” Moran said.

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