Vaccine mandates for companies will be messy but effective, experts predict

[LetMyPeopleVote]

These mandates will work

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In the aftermath of President Joe Biden's latest announcement that companies with over 100 employees must mandate vaccines or test all employees once a week, legal experts say the Department of Labor rule will be litigious and messy, but it just might work.

"There's never been anything so extensive in American history that it requires vaccines across such a wide swath of Americans," said Lawrence Gostin, a law professor at Georgetown University and director of the O'Neill Institute for National and Global Health Law.

"But I think he's on rock-solid legal ground," Gostin said.

Already, Republican governors have outlined plans to overturn the rule -- which hasn't even been implemented by the Occupational Safety and Health Administration -- on behalf of their constituents who believe it infringes on their individual rights.

But experts who have reviewed the policy say Biden is acting within his power as president and backed by previous court decisions that have been pro-vaccine.

"I would argue that the basis for findings of grave danger and necessity, which is what statute requires, are probably stronger now for this use than they have been in OSHA's 50-plus year history," said Lindsay Wiley, a law professor at American University in Washington, D.C., and director of the school's Health Law and Policy Program.

[MichMan]

1. Needs to be extended to all employers, not just those over 100 employees

I do not understand why they left so many people out of the mandate like that.

[Volaris]

2. Gotta start somewhere...besides, most workplaces are, in one capacity

Or another, connected to some corporate entity that's larger than their little mom n pop business.

As an example, before our brick n mortar office closed, we were an Independently owned and operated workplace (there were maybe 5 of us, and 15 more that worked from home).
However, most of our work contracts were through a national company clearinghouse, and I can easily see them saying 'well, no, you all dont have to abide by the mandate. But if not, be assured we will find someplace else to send that work to.'

It's the ripple effect that large employers have on smaller ones, right?
That, and delta doing what its GONNA KEEP DOING, will get us to herd immunity eventually

[madville]

3. People will work around the patchwork approach

And everyone is talking like this mandate requires everyone to get vaccinated, the mechanism is there for them to opt for being tested weekly. We'll have to see how the lawsuits play out the next couple of weeks, a judge could issue an injunction until the case works through their level, and then the appeals court, and I imagine eventually to SCOTUS.

[MichMan]

4. If I was low seniority at a place that had 105 employees, I would be worried right now

[madville]

5. Especially blue collar places that are going to have a ton of employee resistance

Electrical, plumbing, HVAC, trucking companies, etc. I could see them reducing employees just under the number if they are close or maybe splitting into different divisions if weekly testing is too cost prohibitive.