Federal Appeals Court in New Orleans Blocks Federal Mandatory Vaccine Requirements for Large Employers

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Federal Appeals Court in New Orleans Blocks Federal
Mandatory Vaccine Requirements for Large Employers

The 5th U.S. Circuit Court of Appeals in New Orleans issued a stay temporarily blocking the Federal mandatory vaccination requirement for employers with 100 or more employees.  The U.S. Department of Labor (“DOL”) immediately responded saying “The Occupational Safety and Health Act explicitly gives the Occupational Safety and Health Administration (“OSHA”)] the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them….We are fully prepared to defend this standard in court.”

Under the new rules issued on Thursday:

  •     •All unvaccinated workers must begin wearing masks by Dec. 5 and provide a negative COVID-19 test on a weekly basis beginning Jan. 4.
  •     •Employers must pay employees for the time it takes to get vaccinated and recover from any side effects that prevent them from working.
  •     •Companies are not required to pay for or provide the tests unless they are otherwise required to by state or local laws or in labor union contracts.

 

Here at Epps & Coulson, LLP we understand that these quickly moving vaccine issues may be confusing.  We are available to advise.  Feel free to contact Dawn: dcoulson@eppscoulson.com

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is considered advertising under laws of some states.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.

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