On January 13, the Supreme Court ruled that OSHA did not have the authority to issue the “vaccine mandate” the agency first announced in the fall. OSHA’s rule required employers with at least 100 employees to require they be vaccinated against the coronavirus (or submit to weekly COVID testing at their own expense). At the time of the Supreme Court’s decision, many larger employers had been implementing policies to meet the rule’s January deadline. Many smaller employers, too, had taken a cue from OSHA and mandated vaccines for their employees despite not being subject to the agency’s rule.
To various degrees, these employers had struggled with the rule’s requirements. During the pandemic, they had already faced labor shortages due to Covid outbreaks among employees, enhanced government assistance, lack of child care, and closed schools. As they prepared to comply, some found that OSHA’s vaccine mandate further limited their ability to recruit and retain employees by discouraging vaccine-resistant candidates. Some also found it a challenge to procure the necessary tests for those who opted out.
To be clear, the Supreme Court’s ruling does not prohibit private sector employers from mandating vaccinations for their employees. Rather, in determining that OSHA exceeded its authority with the vaccine mandate, the Supreme Court placed the choice to require vaccines or not back in the hands of private sector employers. (The OSHA order will temporarily remain in place for workers in federally funded health care facilities.) As a result, some employers will undoubtedly abandon the OSHA vaccine mandate, while others will keep their newly developed policies.
Regardless, all employers should reexamine their current Covid-19 vaccination policies and determine whether it is in the business’s best interest.
The business and employment attorneys of Dalton & Tomich take your business just as seriously as you do. Attorneys Zana Tomich and Noel Sterett are trusted by closely held family businesses and others across Michigan and Northern Illinois as invaluable partners and counselors. We guarantee all your calls and emails will be returned within one business day so you can focus on what you do best: running your business.
Having worked with Zana for 10 years, I can attest to her professionalism, her pragmatism, and most importantly, her integrity. I always get sound, thoughtful advice and guidance. From routine filings & updates to the highly unexpected, Zana’s there to help, always responding quickly and […]Read More
We highly recommend Dalton & Tomich! As a start-up firm that has rapidly grown across the country in under 5 years, Dalton & Tomich has been integral to our sound, credible, and excellent in standard infrastructure. As we’ve scaled, Zana has been right by our […]Read More
As a professional photographer in the wedding industry, reliable communication is very important to me. Noel was very knowledgeable and quick to respond to all of my questions and not just that, he also gave me suggestions when reviewing and updating my contract. The entire […]Read More
Zana’s expert guidance has helped us to move forward with clarity and confidence in our business endeavors. She helped us create a new business entity, and a few years later to navigate a tricky buyout—all with a clear path forward for business growth. Her calm […]Read More
Noel’s guidance was much appreciated when redrafting my client contract. He was very professional, respectful of my time and potential costs, and was sincere with his advice. I trusted that he had the highest good for my business in mind. I will seek out his […]Read More
Zana’s expertise in employee law has helped us refine and build a stronger operations and hiring strategy at my company. As a business owner of a small and fast growing company, I very much appreciate Zana’s ability to always step into any situation quickly and […]Read More