Note: this blog was updated on 1/3/22 to reflect new information.

The Supreme Court will decide Friday whether federal vaccine mandates issued by OSHA will be allowed to stand.

All businesses with 100+ employees will now have until Jan. 10 to comply with a federal vaccine mandate, after a federal appeals court lifted a stay that temporarily paused that mandate. The issue is sure to make its way to the Supreme Court for a final decision, but experts are encouraging affected businesses to prepare to be in compliance by Jan. 10.

Under the guidelines:

• Employees must provide proof of vaccination or get weekly COVID tests starting Jan 10.
• Citations will not begin for businesses until Feb. 9, provided they have shown a “good faith effort” to comply.
• Staffing firms with at least 100 employees, regardless of whether they’re internal or temps, must comply.
• Fines could cost nearly $14K per unvaccinated employee.
• Affected businesses  must be able to track the vaccination status of their employees.

Who has to comply?

According to guidelines published by the U.S. Department of Labor’s Occupational Safety and Health Administration, employees at affected businesses must be fully vaccinated by Jan. 10, 2022, or provide weekly negative Covid-19 test results to their employers. Those who are unvaccinated must begin wearing masks while indoors or while riding in a vehicle for work purposes, with a colleague inside.

Staffing employees count for me, but not my client?

Correct. Temporary workers will count toward the staffing firm’s 100-employee threshold, not the business that utilizes them. Independent contractors do not count toward the total, however.

How much is this going to cost me?

The cost of testing and masks falls on the employee. To ensure you’re in compliance, however, it may be wise to invest in a third-party partner to help keep track of and administer vaccination records. Fines for violations could be as high as nearly $14,000 per unvaccinated employee. Our parent company, Paychex, provides a compliance solution. Click Here to learn more.

Businesses will be required to provide paid time off for workers to get the shot and to recover from any side effects.

What do I have to do?

Employers establish policy to collect proof of vaccination for each employee, and ensure unvaccinated workers are tested for Covid-19 at least weekly if they’re onsite at least once a week, or within seven days before returning to work if they’re gone longer. It is also the responsibility of the employer to make sure unvaccinated employees wear face masks indoors or when occupying a vehicle for work purposes when there is another person inside for work purposes. Click Here to learn about a third party solution that will help you stay compliant.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.