Some companies breathed a sigh of relief after the Supreme Court overturned President Biden’s vaccine-or-test mandate for large private employers. But their relief may be short-lived.
earlier this month was preparing to comply with the federal mandate. The Cleveland-based insurance and payroll-services provider had succeeded in collecting vaccine information from a majority of its employees. But lining up testing services was proving tricky, especially given the shortage of tests created by a surge in cases from the Omicron variant.
As a result of the Supreme Court ruling, CBIZ has decided not to move forward with the testing part of the OSHA order, except in offices located in a city or state that requires it, she said. The company is still looking for a testing provider. “The laws are all over the map,” said Brett Coburn, an employment lawyer at Alston & Bird LLP in Atlanta. “If you put them next to each other, they look totally different, they attack the problem in totally different ways.”
Nor is the federal government entirely out of the picture. The Supreme Court left in place a rule requiring more than 10 million healthcare workers whose facilities participate in the federal Medicare and Medicaid programs to get the vaccine. And Ms. Peed and other executives are still trying to get a handle on guideline changes by the Centers for Disease Control and Prevention and a new rule by the Biden administration on testing costs.
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