U.S. Supreme Court Halts Private Employer Vaccine Mandate

January 17, 2022


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The U.S. Supreme Court has halted enforcement of the Biden Administration’s vaccine mandate, citing that the Occupational Safety and Health Administration (OSHA) overstepped its authority. This mandate would have required private employers with 100 or more employees to ensure that their workers are vaccinated or adhere to weekly testing if unvaccinated. In doing so, the case returns to the 6th U.S. Circuit Court of Appeals for consideration.

The Court, however, is allowing enforcement of the vaccine mandate for healthcare facilities that receive Medicare or Medicaid funding.  Under this rule, all healthcare workers must be vaccinated, with no testing option for unvaccinated individuals.  Employees must receive one vaccination by January 27, 2022 and be fully vaccinated by February 28, 2022.  Employers must track employee vaccination statuses, providing medical and religious exemptions and accommodations.

As a result of this ruling, private employers are not required to comply with the OSHA mandate, however companies may need to comply with COVID-19 vaccination mandates set at the state and local level.

Questions or concerns? Reach out to a Wiss team member for more information or assistance.


Reach out to a Wiss team member for more information or assistance.

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