Arkansas Legislature restricts private employer vaccine mandates

November 2021 employment law letter

Authors:

Steve Jones, Jack Nelson Jones

Earlier this year, the 93rd Arkansas General Assembly restricted state agencies from mandating COVID-19 vaccinations in Act 977 of 2021. During a recent special session, it also moved to bar private employers from requiring the shots with the enactment of Act 1113 of 2021.

New law requires alternatives to COVID-19 vaccinations

Act 1113 of 2021 (House Bill 1977) is a reaction to federal vaccination requirements, which the new law’s proponents view as an overreach of federal authority necessitating the protection of Arkansas employees from the adverse consequences of a vaccine mandate. The Act states its primary purposes are to:

Protect employees from termination related to their refusal to be vaccinated; and
Provide access to funds to pay for testing as an alternative.

Exemption process required. The Act, which will be codified as Ark. Code Ann. §11-5-118, requires employers implementing a COVID-19 vaccination mandate to offer alternatives. The options must include allowing an employee to produce either:

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