Below is an excerpt:
President Joe Biden’s workplace vaccine mandates set up a conundrum for employers in places where state law limits their ability to require Covid-19 shots for their workers.
Biden, earlier this month, directed the U.S. Labor Department’s Occupational Safety and Health Administration to issue an emergency temporary standard requiring businesses with 100 or more employees to ensure their workers get vaccinated or test negative weekly for Covid-19. The administration separately will require most U.S. health-care workers, federal employees, and federal contractors to get vaccinated, the president said on Sept. 9. Taken together, the directives will affect an estimated 100 million workers. …
…The safety agency could make the situation clearer for employers by writing the rule “to expressly preempt any state law that goes against the vaccine mandate,” said Mini Kapoor, a Houston lawyer with Haynes and Boone LLP. Without explicit preemption language, she still agreed the federal OSHA rule would override conflicting state laws.
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