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Vaccine or weekly testing – new rules for many U.S. companies

Author
Gina Marini

Law Clerk

New York

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17 November 2021

On 4 November 2021, the Occupational Safety and Health Administration issued a highly anticipated emergency temporary standard requiring private employers with 100 or more U.S. employees to ensure that employees either become vaccinated against Covid-19 by 4 January 2022 or submit to weekly testing and mask-wearing requirements. 
Employers are required to take additional actions, such as paying employees for the time it takes to get vaccinated and providing sick leave for employees to recover from any side effects. At this point, employers are not required to pay costs associated with employee testing.

A number of states and employers across the U.S. have filed legal challenges to the emergency temporary standard. This is a significant development for employers with substantial U.S. operations, and we will report on any further developments and the outcome of the court challenges as they become known.
 

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