Vaccine mandates: HIPAA privacy misconceptions, FAQs

Posted on Monday, November 22nd, 2021 | Posted in Resources & Publications

Attorney Sarah Voorhies Myers Featured in New Orleans City Business

OSHA Suspends Enforcement of Mandate Order Amid Litigation

On Nov. 17, the U.S. Department of Labor’s Occupational Safety and Health Administration suspended enforcement of the Biden administration’s vaccine mandate for private employers of 100 or more employees. The decision came after 27 states, including Louisiana, sued to block the order, and the U.S. Fifth Circuit Court of Appeals issued a stay. The cases have been consolidated into the Sixth Circuit Court of Appeals in Cincinnati. While these judicial procedures play out, employers are left in limbo.

If the ETS were to go into effect, employers would choose from two options: mandating vaccination for all workers (with limited exceptions); or requiring workers either to vaccinate or if unvaccinated or partially vaccinated, to test weekly and wear a mask in the workplace (with limited exceptions). Before the OSHA suspension, employers were given two deadlines: distribution of a written policy on or before Dec. 6, and employees must comply with the vaccination requirement by Jan. 4, 2022.

Given that short time frame, if employers have not done so already, it’s time to start preparing, says Sarah Voorhies MyersChaffe McCall attorney in labor and employment law.

“We are always trying to read the tea leaves of when and where things will land amidst the OSHA order and federal lawsuits challenging the order, and it’s impossible to know.  But in the meantime, employers need to start getting prepared in case the OSHA mandate gets implemented,” Myers said.  “You have a right to ask your employees their vaccination status, and employers should…

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About Sarah Voorhies Myers

Sarah is a partner in the Labor and Employment Section at Chaffe McCall’s New Orleans office.  She devotes her practice to representing employers and management in all aspects of labor and employment law. Sarah regularly counsels public and private employers on a broad spectrum of issues. Sarah is also an experienced litigator in trials and appeals. She regularly defends nationwide, regional, and local companies against claims involving the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Equal Pay Act, Title VII of the Civil Rights Act, the National Labor Relations Act, and other federal, state, and local employment laws.