Legal updates

September 10, 2021

Yesterday President Biden tasked the US Department of Labor with writing a regulation that would require companies with 100 or more workers to be vaccinated or “require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.” The US DOL Occupational Safety and Health Administration (OSHA) is developing the emergency rule. Covered employers will also be required to provide paid time off to get vaccinated, as well as provide paid time off to recover from any aftereffects of getting vaccinated.

While the rule will clearly apply to covered private sector employers and federal contractors, it presently appears that it will not apply to most employees of the State and local government, over whom federal OSHA does not have jurisdiction. Of course, the Illinois OSHA may adopt the federal requirement at some point, and we will continue to closely monitor any such developments.

Illinois public employers should continue to adhere to the applicable provisions of Governor Pritzker’s Executive Order 21-22, and any subsequent rules implementing the Order.

We are closely monitoring developments in this area, which are changing regularly as the fight to control spread of the COVID-19 virus and mutations continues. Please contact Clark Baird Smith LLP with any labor or employment related questions.

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This CBS LLP Client Alert is prepared for general information purposes only. Summaries of recent court opinions and other legal developments are not necessarily inclusive of all the recent legal authority of which you should be aware when making your legal decisions. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice on the application and interpretation of these developments to any particular situation.

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