Employers gird for sweeping new COVID-19 rules on vaccines, testing

By mandating vaccinations for many employees, President Joe' Biden's six-pronged COVID-19 action plan will have a significant effect on employers across the country. Many key details (including what exemptions may apply to the vaccine mandates) remain unknown until additional federal guidance is provided.

3 key steps

First, President Biden issued two Executive Orders (EOs) aimed at increasing COVID-19 vaccination rates among federal employees and certain federal government contractor employees. The first EO requires all executive branch federal employees to be vaccinated against the virus. The second EO requires certain government contractors to comply with forthcoming guidance to be issued by the Safer Federal Workforce Task Force establishing coronavirus safety protocols.

In his remarks announcing the orders on September 9, President Biden explained the task force guidance will extend the vaccination requirement for federal employees to government contractors' employees, echoing his previous statement that "if you want to do business with the federal government, vaccinate your workforce."

Second, President Biden announced the U.S. Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) is developing an emergency rule requiring employers with 100 or more employees to ensure either (1) they are vaccinated or (2) unvaccinated employees submit to weekly COVID-19 testing. The agency also will require the larger employers to provide paid time off (PTO) for the time it takes for employees to get vaccinated.