Supreme Court Blocks Nationwide Vaccine and Testing Mandate for Large Businesses

This week, the United States Supreme Court blocked an executive order issued by President Biden that required vaccines and COVID-19 testing at large businesses across the country. This ruling has the potential to impact thousands, if not millions, of workers throughout California as it pertains to vaccine and testing requirements for work. If you have questions about the legality of the COVID protocols at your workplace, call or contact an experienced California employment law attorney in your area today.

Supreme Court Ruling

Earlier this week, the Occupational Health and Safety Administration (OSHA) emergency measure for COVID-19 vaccination and testing requirements went into effect. This mandate required all employees at companies with 100 or more workers to either get vaccinated or submit a negative COVID test weekly in order to enter the workplace. The mandate also required that all unvaccinated workers wear a mask indoors while at work. This emergency order had the potential to impact 84 million employees across the United States who work for employers that fell under the OSHA mandate.

The Supreme Court issued a decision three days after the OSHA mandate went into effect, blocking the requirements for businesses that employ more than one hundred people. The majority of the court ruled that while OSHA has the power to regulate occupational dangers, it does not have the power to regulate public health more broadly. The Court appeared to reference the number of people affected as its reasoning for this ruling. The President, Labor Secretary, and the American Medical Association (AMA) all expressed disappointment in the Court’s ruling.

Separate Ruling for Healthcare Workers

A separate, simultaneous ruling was also issued by the Supreme Court regarding the OSHA mandate for healthcare workers. The Court ruled that healthcare workers must comply with the OSHA mandate for vaccination or regular testing. The opinion stated that the rule issued by the Health and Human Services Secretary fell within their powers. This aspect of the OSHA mandate has the potential to impact around 10 million healthcare workers across the country. The President stated in his remarks that the vaccine requirement for healthcare workers will be enforced as it will save the lives of patients, doctors, and nurses throughout the United States.

Impact on California Workers

The latest rulings by the Supreme Court have significant impacts on many workers in California. Thousands, if not millions, of employees work for large companies of 100 or more employees across the state. Under the Court’s new opinion, individual employers will now get to determine what their protocols will be regarding COVID-19 safety in the workplace. Employees should check with their employers as to the specific rules for vaccines, testing, and mask wearing. However, any healthcare workers must still abide by the vaccination mandate or face termination of their employment. Workers should also check with local and statewide orders regarding mask wearing and COVID-19 protocols in non-work spaces, as those orders still apply.

Talk to a Lawyer Today

Do you have questions about the new COVID-19 rules in the workplace? Call or contact an experienced employment law attorney in your area today to learn more.