Conflicting orders for employers: Can state laws thwart federal vaccine mandates?

With the federal government and several states taking opposing positions on workplace COVID-19 vaccine mandates, many employers are left wondering whether they can enforce the requirements on their employees and what accommodations they must provide. With federal deadlines looming, you must be clear on your obligations.

Contrary mandates

On the one hand, President Joe Biden recently announced extensive new measures to combat COVID-19’s spread, including nationwide workplace vaccine mandates for several categories of employers. Certain federal contractors and subcontractors, for instance, are now required to have all employees fully vaccinated by December 8, according to guidance released by the Safer Federal Workplace Task Force.

The Occupational Safety and Health Administration (OSHA) is expected to publish a similar federal mandate in the form of an emergency temporary standard (ETS) directing all employers with 100+ employees to impose a workplace vaccine mandate or require weekly testing for unvaccinated employees. Violations of OSHA’s ETS could include penalties of up to $13,653 per serious violation and up to $136,532 per willful violation. Federal contractors that don’t comply with their vaccine mandate may see their contracts canceled and federal funding cease.