Biden's Six Pillars - Addressing Covid in the U.S.
- Thread starter gwb-trading
- Start date
You are making a common equivalency mistake here..
The vaccination mandates you are referring to come from state laws requiring vaccines for kids to attend public and now private schools. Laws passed by the state's legislature.
Worker safety regulations were passed under the APA rulemaking process and when any workplace rules were arbitrary or excessive they were struck down in court challenges. APA follows a process of due process upheld by the courts and has the same weight as legislative acts. Often they are authroized by acts of congress which grants them the power for rulemaking.
So polio and MMR vaccines are required by LAW. OSHA regulations are permitted under the APA under authority of acts of Congress and evne OSHA regulations can be challenged for overreaching or arbitrary.
Now DoL telling only certain type of employers they must MANDATE a vaccine to all or suffer a fine is an extreme overreach because the application is arbitrary. Also the vaccince is not required under any federal or state law so where is the justification to force private employers to require vaccines?
imposing a fine puts a penalty on the mandate which raises the bar for judicial review because of the taking of money without due process...
Ask yourself this... can the federal government force employers to do weekly testing? Just because an employer cna legally require it does not mean the federal government can mandate it in private employers..
big difference....
This comes under the Labor Department requiring safe workplaces. And since they provide a testing alternative -- you can't say they are "mandating" vaccination.
I fail to see how a court would knock this down -- without knocking down a host of other workplace safety regulations about protective gear, etc.
So Amazon has a large % of its workforce working remote from home.... are oyu saying AMAZON has to force employees sitting at home to get a vaccine not required by law simply because Amazon does not want to be fined.
Why do workers sitting in their home have to be vaccinated by an employer if they never set foot in the office? Does this extend to employees out of the country? What about foreign companies in the U.S.? What about independent contractors who are not employees?
This is as far overreach as DeSantis' actions.
GWB... put down your bias for a second....
workplace safety regulations are common accepted workplace safety guidleines based on regulatory rulemaking based on safety statutes.. wearing eyegoggles when using a blow torch... gloves.... max hours able to work....
This is not the same as vaccine for COVID.. The law requires workers have safety equipment. the law does not require you have a COVID vaccine... does it require you to get a FLU vaccine?
OSHA regulations are authorized under the law...... a vaccine for COVID is NOT in private workplaces.
you think it is ok for the federal government to force employers to do weekly testing.... but only if you have 100 or more employees?
Is weekly testing required under the law or is it a preference for private employers?
can an employee sue a company like AMAZON and demand they test all employees weekly?
The President will direct the Labor Department to require all businesses with 100 or more employees ensure their workers are either vaccinated or tested once a week. Companies could face thousands of dollars in fines per employee if they don't comply.
vaxxed or test once a week.... fining a company is a punitive measure and an agency cannot levy such a punishment which implicates due process without following the proper rulemaking procedure.
Procedural due process, in the context of the administrative state, refers to the protections for citizens against arbitrary actions by administrative agencies that threaten to deprive them of life, liberty, or property.[1] Procedural due process specifically concerns the legal procedures administrative agencies are required to follow during rulemaking and adjudication proceedings. Substantive due process, on the other hand, involves the application of administrative law as it relates to individual life, liberty, or property interests.[2]
The U.S. Constitution and the Administrative Procedure Act (APA), among other sources, establish due process protections for citizens during administrative rulemaking and adjudication processes. These protections are designed to prevent administrative agency violations of individual rights.[1]
You think the DoL is going to fine the NBA and NFL and Google $14,000 per employee which could run in the millions and they will not sue the DoL for excessive action and taking of property without Due Process through an emergency action that is not subject to any rulemaking procedure under the APA?
vaxxed or test once a week.... fining a company is a punitive measure and an agency cannot levy such a punishment which implicates due process without following the proper rulemaking procedure.
Procedural due process, in the context of the administrative state, refers to the protections for citizens against arbitrary actions by administrative agencies that threaten to deprive them of life, liberty, or property.[1] Procedural due process specifically concerns the legal procedures administrative agencies are required to follow during rulemaking and adjudication proceedings. Substantive due process, on the other hand, involves the application of administrative law as it relates to individual life, liberty, or property interests.[2]
The U.S. Constitution and the Administrative Procedure Act (APA), among other sources, establish due process protections for citizens during administrative rulemaking and adjudication processes. These protections are designed to prevent administrative agency violations of individual rights.[1]
You think the DoL is going to fine the NBA and NFL and Google $14,000 per employee which could run in the millions and they will not sue the DoL for excessive action and taking of property without Due Process through an emergency action that is not subject to any rulemaking procedure under the APA?
This is easy. Workers who don’t drive truck on federal highways do not require random drug testing. Same would apply to workers who do not come in the workplace.
Yes. Large employers have different legal requirements under the law.