For employers, the devil will be in the details of Biden's new vaccine mandate, an employment law expert explains
However, as the Department of Labor and its Occupational Safety and Health Administration its emergency temporary standard to carry out the mandate, Moran insisted that the language of the mandate will dictate the potential legal challenges from employers.
"We got a very high-level vaccine or test mandate, the questions and challenges are likely to come from the detail," Moran said. "For the OSHA rule to be enforceable, employers need to be given time and they're going to need clarity on expense — burdening businesses with cost of vaccine, testing, and time off without federal support could undermine the economic wellbeing for businesses," Moran said.
Another scenario that Moran described was how the one hundred employee mark for a business is defined by the OSHA ruling. "There is a question regarding what are 100 employees, does the business have 100 employees always, or seasonally?" Moran said, adding that the order could leave questions open around how full and part-time employment are counted.
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