In a move that was perhaps not surprising, the trifecta of the Biden administration’s vaccination mandates for private businesses has now been halted nationwide. The OSHA emergency rule was the first to befall this fate, followed by the vaccine requirement for healthcare companies subject to the CMS rule. Finally, as of today’s date, December 7, Biden’s rule requiring that the federal workforce be vaccinated by January 18, 2022, has been enjoined by U.S. District Court Judge R. Stan Baker of the Southern District of Georgia.
At the heart of the ruling is whether the Biden administration overstepped its authority in mandating the COVID-19 vaccine for covered federal contractors. Judge Baker, in granting the nationwide injunction, wrote that, “even in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities.”
Bottom Line
What does this mean for employers: for now, all of the vaccination mandates are on hold. However, employers should keep their fingers on the pulse of these lawsuits as they wend their way through the appellate process. Companies must also remain mindful of possible local vaccination mandates. For example, by December 27, private sector employees in New York City will need to show proof of receiving at least one dose of a COVID-19 vaccine to work on the employer’s premises. As federal mandates fall, cities and states may take up the mantle in mandating vaccines. And of course, businesses remain free, in most states, to develop their own employee vaccination policies. As always, stay tuned.