Vaccine Mandate: Courts Put Mandate on Hold, But CUs Should Map Out Plan to Comply

Credit unions: We continue to monitor the OSHA emergency temporary standard requiring employees at companies with 100 or more employees to get vaccinated against COVID or submit to weekly testing.

Lawsuits were filed almost immediately challenging the new rule, which was released Nov. 4. On Nov. 6, the U.S. Court of Appeals for the 5th Circuit issued an injunction that temporarily halted the implementation of the policy. On Nov. 12, the court issued an injunction preventing the enforcement of the rule until the matter can be litigated.

OSHA's website has this disclaimer on its splash page: "The court ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order. While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation."

The League’s employment law partners at Woods Rogers are available for consultation as to credit unions' compliance plans.

For Virginia employers, the single biggest issue is going to be who pays for testing, and that won’t be answered until state safety regulators consider whether to adopt the OSHA rule as is (employers don’t have to pay for testing) or apply the existing Virginia Code (which says employers pay for testing).

The question as to whether the Virginia Code should even apply in this case since the federal government is requiring the test or vax regime is also ripe for litigation. Regardless, your League is advocating for the state to give employers the flexibility to pass on those costs.

As an affiliate of your League, you have access to a free hotline service for day-to-day human resource issues via the Woods Rogers Law Firm. Contact the hotline at 800.552.4529 for answers to basic human resource management questions.

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