Healthcare workers will prepare a syringe for the Moderna COVID-19 vaccine at a pop-up vaccination site operated by SOMOS Community Care during the COVID-19 outbreak in Manhattan, New York City, January 29, 2021.
Mike Seger | Reuters
Supreme Court ruling banning Biden’s Covid vaccine obligations For employees of large companies, it does not prevent US companies from demanding vaccinations from their workers.
President Joe Biden On Thursday, he vowed to urge businesses to do just that to save the lives of Americans and prevent the further economic consequences of a two-year coronavirus pandemic.
“The court ruled that my administration could not request this measure using the powers conferred by Congress, but it was that I used my voice as president and the employer was in the United States. It does not prevent us from claiming to do the right thing to protect human health and the economy, “Biden said in a statement.
“I call on business leaders to quickly join companies that have already stepped up, including one-third of Fortune 100 companies, and set immunization requirements to protect workers, customers and communities.” Mr. Biden said.
On Thursday, the Supreme Court issued a fall test issued by the Occupational Safety and Health Administration to companies with at least 100 employees that workers were vaccinated against Covid-19 or wore masks at work and tested negative. Blocked the rule that requires it to be. Virus at least once a week.
The High Court said in its decision that OSHA was empowered by Congress to regulate occupational hazards, but authorities did not have the authority to “perform more broader normal public health.”
Kathryn Bakich, Senior Vice President Focusing on Workplace Compliance Issues at Employee Benefits Consulting Company Segal, said: That labor force. “
Bakitch said on the same day that the High Court allowed the Byden administration to require millions of employers to vaccinate patients treated for patients covered by the large federal Medicare and Medicaid medical programs. Said.
“Employers should not try to incorporate into their decisions the lack of support for vaccines, the requirements for vaccines in the workplace, or the lack of meaningful public health measures,” Bacchich said.
The National Retail Federation has praised the decision to prevent delegation to large corporations as an “significant victory” for employers.
The NRF said in a statement that it had worked with more than 20 other industry groups to make oral arguments against a mission called “troublesome and unprecedented.”
However, the Retail Foundation also states that it “maintains a strong and consistent position on the importance of vaccines in helping to overcome this pandemic.”
And in anticipation of Biden’s subsequent statement on the ruling, the NRF “hired the Biden administration for practical ways to abandon this illegal mission and instead increase vaccination rates and mitigate the spread of the virus. Encourage people, employees, and public health professionals to work with 2022. “
David Gordon, a partner at New York law firm Mitchell Silberberg & Knupp, said the Supreme Court’s decision “employers are free to set their own requirements according to applicable state and local laws.” rice field.
“This ruling is no different between an employer in New York City and an employer in another jurisdiction that requires all employees to be vaccinated,” Gordon said.
“Employees at these locations will continue to be subject to applicable vaccine obligations,” he said.
But Gordon also said the ruling would allow large employers to make decisions on vaccinations that reflect the competition of workers in the employment market.
“When it comes to hiring, it’s no longer a competitive ground among large companies,” Gordon said. “Currently, if large employers believe that it is advantageous not to require their employees to be vaccinated, they are free to not adopt the vaccination obligation if they are allowed where they are. is.”
Starbucks Last month, he said all American workers in a huge coffee shop chain would need to be vaccinated or tested by February 9.
Previously, American Express, Amtrak, Citigroup, General Electric, Google, Jeffreys, NBC Universal, Southwest Airlines, Tyson Foods When United Airlines It imposed vaccination obligations on employees, or at least workers who had returned to their physical offices.
Disclosure: NBCUniversal is CNBC’s parent company.
Biden vows to promote Covid vaccine after Supreme Court ruling on vaccination obligations
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