On September 9, 2021, President Biden introduced a COVID-19 Action Plan (“Plan”) which mandates the COVID-19 vaccination or weekly testing for employees: (i) working for employers with 100 or more employees; or (ii) working for the federal government, federal contractors or healthcare entities. The Occupational Safety and Health Administration (“OSHA”) is expected to issue Emergency Temporary Standards (“ETS”) in the near future and will also be responsible for enforcement. Notably, it is anticipated that covered employers will have to provide paid time off for employees to get vaccinated and to recover from any side-effects, amongst other potential requirements. Employers that fail to implement and enforce the requirements could be subject to stiff penalties of $14,000 per violation.

Due to the developing nature of this matter, the full legal and practical ramifications of the Plan are unclear. We will continue to monitor this matter and provide an update as soon as new information is available.