Return of the Mandate: Stay Lifted On President’s Vaccination Order
On Friday, December 17, the Sixth Circuit Court of Appeals lifted the stay on the President’s vaccination mandate for employers of 100 or more. The situation is fluid as the Supreme Court is set to weigh in and may impose another stay on the mandate. We will continue to keep employers updated on any developments.
In another development, the Department of Labor stated that Employees who are not fully vaccinated won’t have to be regularly tested until February 9, 2022, over a month after the original deadline of January 4th.
The department said it is exercising enforcement discretion to “account for any uncertainty” caused by the legal challenges that had blocked the rule. The Labor Department said it won’t issue any penalties before January 10 and will take no action on the testing rules until February 9, as long as an employer “is exercising reasonable, good faith efforts to come into compliance.”
