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What CA employers need to know about broad federal, state vaccine mandates

September 2021 employment law letter
Authors: 
Cathleen S. Yonahara, Freeland Cooper & Foreman LLP

President Joe Biden’s new “COVID-19 Action Plan: Path Out of the Pandemic” requires employees of large private employers, the federal government, federal contractors, and healthcare entities to be vaccinated against the virus. The plan, announced on September 9, 2021, builds upon previously issued federal vaccine mandates. California also has issued its own mandates. Let’s look at the rules under both federal and state law.

Previously issued mandates

On July 26, the U.S. Department of Veterans Affairs (VA) announced COVID-19 vaccines will be mandatory for VA healthcare personnel (including physicians, dentists, podiatrists, optometrists, registered nurses, physician assistants, expanded-function dental auxiliaries, and chiropractors) who work in or visit its facilities or provide direct care to people the agency serves.

On July 29, President Biden revealed federal government employees and onsite contractors would be asked to attest to their vaccination status, and anyone who didn’t report being fully vaccinated would be required to (1) wear a mask on the job, (2) physically distance from all coworkers and visitors, (3) comply with a weekly or twice-weekly testing rule, and (4) face restrictions on official travel.

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