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The ETS Vaccine Mandate Block Has Been Overturned

Posted by Alexa Rivera on Dec 30, 2021 10:37:14 AM
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Male employee explaining the new health module and mandate

While we have continued to provide updates on the status of the Vaccine Mandate, the latest ruling from the Sixth Circuit U.S. Court of Appeals on December 17, 2021 officially puts the highly anticipated mandate into effect.

In the past several months, organizations and employers alike have questioned whether protocols will need to be put in place to track and monitor the vaccination status of their employees amidst lawsuits and push back to the proposed mandate.

PeopleGuru has advised clients to remain prepared and vigilant regardless of the ruling. The most recent update holds that the Mandate is effective, until January 7th, 2022 when the case makes its way to a hearing in the Supreme Court. This leaves the Mandate up in the air once again.

If the ETS Vaccine Mandate does stand in the eyes of SCOTUS, here are some things you need to know:


The Facts of the Most Recent Update

  • The Sixth Circuit U.S. Court of Appeals has officially overturned an earlier court ruling that blocked the vaccine mandate.
  • All private employers with 100 or more employees will need to implement a mandatory vaccination program unless the Supreme Court intervenes.
  • OSHA will not issue citations for noncompliance with any of the standards until January 9th and will not issue testing citations until February 9th.
  • Independent contractors and leased employees are excluded from company headcount.
  • Ability to opt for weekly testing outside of official exemptions are at the discretion of the employer.

What Can Employers Do?

  • Determine current employee vaccination status
  • Establish whether vaccinations will be mandatory for employees outside of approved religious or health exemptions.
  • Consider the cost of testing. Note however, that testing is not required to be paid by the employer and is reimbursable by the IRS.
  • Account for paid time off required for immunizations and recovery from side effects.
  • Determine the written policy and compliance approach

PeopleGuru Health Check is now available to track COVID status, vaccinations, exemptions, and adverse reactions through a self-service dashboard. Let us help you ensure your organizational compliance.

PeopleGuru Health Check

This blog post was written by Alexa Rivera and may not be copied or republished without PeopleGuru's express written consent. 

Topics: Healthcare, Employee Rights, Employee Law, Wellness

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