Thursday, September 23, 2021 5:21 am

Employment law attorneys say Biden vaccination edict legal

By Howard Fischer | Capitol Media Services

Gov. Doug Ducey says it’s illegal and “will never stand up in court.” And Attorney General Mark Brnovich says it is taking “federal overreach to unheard of levels.” But attorneys who specialize in labor law say the decision by President Biden that large employers must have all workers vaccinated is well within the power of the federal government.

And companies that listen to the Republicans and ignore the requirement could find themselves facing stiff fines. In his Sept. 9 announcement, Biden said the Occupational Safety and Health Administration is developing a rule to require all companies with 100 or more employees to ensure their workforce is fully vaccinated.

The alternative is requiring any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. The administration estimates it will impact more than 80 million workers in the private sector. Normally, that kind of rule change takes time, including hearings.

But the president said OSHA will implement an “emergency temporary standard” to put it into effect. “This is not the power vested with the federal government,”

Ducey said of the order. And he promised resistance against what he called a “dictatorial” approach.


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September 2021