November 29, 2021

COVID Vax Rules – Hurry Up & Wait!

These times, they are achangin’.  The last few weeks have been fraught with political and legal maneuverings. All of which have left employers wondering what to do next.  All four COVID vax rules are facing multiple legal challenges: the rule for (1) federal employees; (2) federal contractors; (3) OSHA’s ETS; and (4) CMS’ rule for covered healthcare settings and facilities.

As of this writing, two of those four have been stayed by a court: OSHA’s ETS and CMS’ rule.  It is up to the courts to decide if either or both of these rules will take effect as issued, be permanently enjoined, or take effect in some modified form or version.

In the meantime, we could see a court stay either of the other rules.  Concurrently, it is reported that at least ten (10) states have enacted laws restricting private sector employers’ ability to implement vaccine mandates.  On the flip side, other states and Puerto Rico have enacted a law requiring at least some private sector employers to implement them.

So, how is an employer to comply?  Very carefully.  Be vigilant. Stay in touch with your company’s legal counsel, your professional and trade associations. Take a deep breath and take care of yourself in the midst of it all.