I totally understand what the messaging is but the legal argument they make in court may be something totally different. Who knows though, the Biden administration may argue OSHA has the brute force to impose a vaccine mandate but to me that does not explain the testing component. If they could just mandate a vaccine requirement, why putz around with the testing alternative.
Legally, the testing is a slam dunk but without a law passed by Congress I don’t know how much an actual vaccine mandate will hold up in court. The key here is vaccination being an alternative to the testing. At least in my mind. If the Biden team pushes the brute force approach through a federal rule, they very well could lose.
Ok, the government doesn’t need agreement to impose a rule. However, I am not familiar with federal rule making procedures and what can be suspended etc. Yes, I too would be be pissed if I faced fines for unvaccinated employees. What I will say is that the Biden team is not the Trump team. They are going to be ready for all of this and I expect they worked out these legal kinks.
Also, it’s the unsaid thing that most and I do mean most employers are secretly glad for this. They don’t want Covid in their businesses, they work their too. If make over $100k you’re vaccination rate is the highest in America. Plus it brings stability to your business.
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Private businesses being able to remove unvaccinated employees is not the federal government’s doing. The feds are saying tests but will accept vaccination in lieu, or pay a fine. How you handle unvaccinated employees is your business. Courts have already told unvaccinated workers they can go kick rocks if they get fired. That’s all.
If federal govt is fining you $14,000 for each un vaxxed employee it is naive to say the government is not forcing you to fire that employee. it is like saying you dont have to fire that employee but if you dont I am going to beat the shit out of you repeatedly.... so if you decide to fire them... dont blame me haha
I am not sure an employer would be secretly glad having to pay fines to the government. As I said in another post Wal mart is not requiring all employees to be vaccinated nor is CVS. If they wanted them all to be vaccinated they would have required it. Now they are going to have pay millions for those employees.... took teh choice out of their hands. rather than punish the individuals who wont get vaxxed you are hammering private corporations in a way....