December 2021 Business Litigation Update

As we wrap up 2021, COVID-19 continues to dominate the news.  There seems to be an endless number of COVID-related items to watch and monitor, including a new variant that is raising alarms.  Coincidentally, this new variant comes after the Occupational Safety and Health Administration (OSHA) released its vaccine mandate for companies with over 100 employees, requiring either vaccines or weekly testing for all employees who don’t have an exemption.

While the OSHA mandate was to go into effect on January 4, it is now tied up in the courts, leaving employers in an increasingly difficult position as they try to decide whether to implement COVID protocols on their own.

A new survey of 500+ U.S. companies recently released by the corporate advisory firm Willis Towers Watson reveals the seemingly contradictory internal debate that is taking place in corporate America on this issue.

According to the survey, most large U.S. employers say they now require, or plan to mandate, that their workers get vaccinated.  However, 31% of employers also fear a spike in employee resignations due to vaccine mandates, particularly in industries where there is greater vaccine hesitancy such as healthcare, hospitality, and manufacturing (but only 3% reported an actual rise in resignations). Interestingly, 48% of those surveyed suggested they feel mandates will help attract employees!

The bottom line: employers are facing competing forces as they consider whether to require vaccines for their employees while the federal requirements are in limbo.

Monitoring the evolving rules and regulations surrounding vaccine mandates and workplace safety will be key for companies in the coming year.  New court rulings seem to come out every day.  We will continue to watch this issue in 2022 and report on any material changes or developments.  Hopefully 2022 will bring clarity and finality.