January 23, 2022

Volume XII, Number 23

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January 21, 2022

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January 20, 2022

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SCOTUS Strikes Down Mandatory Vaccination/Testing Policy

The U.S. Supreme Court has just thrown out the vaccination or testing mandate issued by OSHA and the Biden administration that would have applied to employers with 100 or more employees.  The Supreme Court did uphold regulations requiring vaccination for health care workers, though even that ruling was merely by a 5-4 decision.  So while the testing or vaccination mandate has been lifted for now, understand that nothing prevents employers in NY or NJ from enacting vaccine and testing mandates.  This is not the case everywhere.  A significant number of Republican led states have issued state laws barring vaccination/testing and other COVID related containment measures, so companies doing business in these states should tread carefully before creating such policies.  Further, do not be surprised if many states begin to implement vaccination/testing requirements along similar lines to what OSHA attempted, as the Supreme Court has signaled states would have the power to enact such laws.  So those employers who have already implemented vaccination/testing programs in NY and NJ should feel no pressure to end them.

© 2022 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XII, Number 13
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About this Author

Ari G. Burd, attorney at Giordano Law Firm, Labor & Employment New Jersey Cannabis Law, Health Care
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Ari devotes his time to assisting and defending employers with regard to traditional employment issues. He frequently counsels employers for compliance with New Jersey laws and has extensive transactional and litigation experience.

Ari has litigated employment matters throughout the state, having made appearances in almost every Superior Court in New Jersey, as well as before both Federal District Courts in New Jersey and the Federal and State Courts in New York.  These actions have involved a diverse range of claims such as wrongful discharge, discrimination, harassment,...

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Jeri L. Abrams, Giordano Halleran, Employment Documentation Lawyer, Workplace Litigation Attorney,Labor & Employment
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Jeri focuses primarily on employment law, with an emphasis on drafting and negotiating complex employment-related documentation, such as executive employment, consulting, restrictive covenant, commission, bonus, retention, change-in-control and severance agreements. Jeri counsels employers on a broad range of employment matters, including hiring, disciplining and terminating employees, family and medical leaves, disability leaves and accommodations, anti-discrimination and anti-retaliation laws, wage and hour compliance, and reductions in workforce. She works closely...

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Jay S. Becker, Giordano Law Firm, Labor & Employment, Cannabis Law, Corporate Labor Relations Employment Law and Litigation
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Jay, chair of the Labor and Employment Practice Area, devotes his practice to labor relations and employment law and litigation on behalf of management. His experience includes conducting trials, hearings, arbitration and mediation sessions; responding to state and federal administrative agency charges; collective bargaining; drafting employment-related corporate documents such as restrictive covenants, employee handbooks, employment agreements, various stock and compensation plans, and separation/severance agreements. He counsels employers on all employee relations issues including, but...

732-741-3900
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