NOPE – US SUPREME COURT SAYS LARGE EMPLOYERS DO NOT HAVE TO FOLLOW ADMINISTRATION’S VACCINE RULE

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NOPE – US SUPREME COURT SAYS LARGE EMPLOYERS DO NOT HAVE TO FOLLOW ADMINISTRATION’S VACCINE RULE

Today, the U.S. Supreme Court stopped the Biden administration’s COVID-19 vaccination requirement that employees at large businesses be vaccinated or undergo weekly testing and wear a mask on the job.  But, the Court allowed the administration to proceed with a vaccine mandate for most health care workers in the U.S. and the healthcare worker mandate covers virtually all health care workers in the country.

The Court’s conservative majority held that the administration overstepped its authority by seeking to impose the Occupational Safety and Health Administration’s (OSHA) vaccine-or-test rule on U.S. businesses with at least 100 employees.  More than 80 million people would have been affected.  “OSHA has never before imposed such a mandate.  Nor has Congress.  Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here,” per the ruling.

The Court’s three liberal justices dissented, arguing that it was the court that was overreaching by substituting its judgments for health experts:  “Acting outside of its competence and without legal basis, the Court displaces the judgments of the Government officials given the responsibility to respond to workplace health emergencies,” Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor wrote in a joint dissent.

More than 208 million Americans, 62.7% of the population, are fully vaccinated, and more than a third of those have received booster shots, according to the federal Centers for Disease Control and Prevention. All nine justices have gotten booster shots.

Here at Epps & Coulson, LLP we regularly deal with these types of employee issues.  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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