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EMPLOYMENT LAW

Where we are on vaccines and masks in the workplace

Vaccine roundup

The Biden Administration, through Executive Orders and various agencies, has adopted four separate vaccine mandates for (1) employers with 100+ employees (the OSHA ETS), (2) federal contractors, (3) federal employees and onsite contractors, and (4) healthcare employers who receive Medicaid or Medicare reimbursements (the CMS mandate).  Except for the CMS mandate, all these various vaccination mandates have either been rejected or stayed by the courts. On Jan. 13, 2022, the U.S. Supreme Court upheld the CMS mandate.

OSHA mask guidance

On Aug. 23, 2021, OSHA updated its workplace safety guidelines to recommend that employers require all employees–regardless of vaccination status–to wear masks when indoors and not physically distanced. That guidance has not changed since it was added in August 2021.

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