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COVID-19 vaccine mandates: 10 issues every employer should consider

October 2021 employment law letter
Authors: 
Arielle Spinner and Julie M. Capell, Davis Wright Tremaine LLP

In an effort to keep employees, customers, clients, and others safe, businesses are considering whether to require their workforces to be fully vaccinated against COVID-19. Vaccination policies play a crucial role in businesses' evolving safety protocols, but there are numerous factors to consider when determining whether to require or encourage the shots.

Questions to ask

Is your business required by federal, state, or local law to mandate employee vaccinations? President Joe Biden recently announced executive orders (EOs) that include COVID-19 vaccine mandates for federal employees and federal contractors. He also has directed the Occupational Safety and Health Administration (OSHA) to adopt an emergency temporary standard (ETS), expected to be published soon, requiring private businesses with 100 or more employees to mandate the vaccinations or adopt a mandatory testing policy.

Many state and local governments have enacted (or are planning to implement) similar vaccine mandates. If you have questions about the applicable vaccine mandates, contact legal counsel.

Is a mandatory vaccination policy prohibited in any jurisdiction in which your business operates or employs people? Some state and local governments have enacted (or are planning to implement) laws prohibiting businesses from requiring workers to be vaccinated against COVID-19. Contact legal counsel to understand the applicable laws for any jurisdiction in which you have employees.

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