Butler Snow attorney Kara E. Shea was recently quoted in an article by HR Daily Advisor. The Biden Administration’s announcement of vaccine and testing rules for certain employers has led to more questions about compliance, consequences and next steps.
The following is an excerpt from the article:
Kara E. Shea, an attorney with Butler Snow LLP in Nashville, Tennessee, says the main questions she is hearing about the plan concern what employers will be affected and when the new rules will go into effect. Although at least some details are known about when employers are affected, the timetable will depend on when OSHA issues the ETS, which may come in a couple weeks.
Until the ETS is issued, Shea says attorneys won’t be able to give definitive advice. Some questions to consider include:
- Which workers count toward the 100-employee threshold?
- Will a joint employment concept be in play?
- When will the ETS be issued?
- How long will covered employers have to comply?
- Who will pay for required testing?
- Will the required testing, if occurring while off-duty, count as paid work time?
Shea says Biden’s plan is “going to be very controversial in some areas,” and court challenges can be expected. Injunctions may delay implementation of an ETS. “Those challenges may need to play out before the ETS (or some version of it) goes into effect,” she says.
To read the article in its entirety, click here.
