Millicent Lundburg in HRD America: Proceeding with Caution While Vaccine Mandate is in Legal Limbo

Culhane Meadows’ Austin partner Millicent Lundburg was recently quoted in an article by HRD America about next steps for Californian employers following the suspension of Biden’s vaccine mandate.

Here are a few excerpts from the article:

As the Sixth Circuit Court prepares to rule on the legality of President Joe Biden’s vaccine mandate, companies are scrambling to decide whether they should go forward with requesting their workers be vaccinated.

Initially, employers with 100 or more employees had until December 5 to meet the mandate requirements, which include developing a written vaccination and/or testing program for their workforce, ensuring unvaccinated employees are adhering to mask requirements, providing four hours of paid leave for employees to receive any doses needed, and creating a standard protocol for evaluating requests for religious and disability exemptions.

But last week, the Occupational Health and Safety Administration (OSHA) suspended implementation and enforcement of its emergency temporary standard (ETS) after a federal appeals court temporarily halted the Biden administration’s vaccine rule. Without government officials breathing down their neck for the time being, employers are wondering what their next step should be.

Millicent Lundburg, a labor and employment attorney at national law firm Culhane Meadows, says it’s been a polarizing issue since Biden announced the mandate in September. For example, while her California clients have asked questions starting with “Am I legally allowed to…,” her Texas clients have begun their calls with “Do I have to…?”

“There’s not a one-size-fits-all solution,” Lundburg says. “I’m advising clients based on their locations, their workforce, their size and their culture. I tend to not look at just the legality, but also the risks involved. Ultimately, it’s a business decision.”

Read their entire article HERE to learn more.


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