Screening News Update: Vaccine Mandate Challenges, Companies Prep for Return, and New Salary History Ban

Screening News Update: Vaccine Mandate Challenges, Companies Prep for Return, and New Salary History Ban

By Jennifer Gladstone

Challenges to Vaccine Mandate

While the details of President Biden’s vaccine mandate are not quite finalized, the challenges are cropping up fast. The Occupational Safety and Health Administration (OSHA) is expected to issue guidance in the coming weeks, but employers with more than 100 people on the payroll are already worrying about the effect this will have on their teams.

Arizona’s Attorney General Mark Brnovich filed a lawsuit against the administration saying a mandate violates the U.S. Constitution. Florida Governor Ron DeSantis is going even further saying the state will fine any business that requires its employees be vaccinated in order to come to work. The fine is steep – $5,000 for each violation. DeSantis says his main concern is that the federal mandate completely ignores natural immunity.

The lawsuits are not just coming from elected officials. In Massachusetts, state troopers filed a lawsuit to stop the governor’s mandate that all state employees be vaccinated by October 17th. Another suit was just filed to challenge the University System of Maryland’s vaccine mandate that requires all students, faculty, and staff to get vaccinated. The suit, which was brought by two college students and a state employee, claims the mandate “denies the plaintiff’s liberty.”

Employers Making Plans

As these fights continue, some employers are already fashioning plans to get their people back to work.

Apple, for example, announced that it is not yet mandating that all employees get vaccinated. Instead, starting in October, all unvaccinated employees will have to get tested frequently.

Google has already pushed back its return-to-office plan from mid-October to January 10th, and all employees who come back to the office must be vaccinated.

Microsoft will require everyone who enters its facilities to show proof of vaccination, but they have pushed off reopening indefinitely.

Amtrak is mandating vaccinations across the board, while American Airlines is just encouraging it. Ford Motor Company is only mandating vaccines for those who will be traveling internationally. TJX, which owns T.J. Maxx, Marshalls, HomeGoods and others, is requiring all of those working in the office to be vaccinated by November 1st, but those working in their stores and distribution centers are not required to be vaccinated.

Nevada Salary History Ban

Employers in Nevada need to be aware that the state’s new salary history ban goes into effect on October 1st, 2021. The new law will not only make it illegal for employers to ask applicants about how much they have been paid in the past but will also require employers to clearly provide the wage or salary range to anyone who interviews for a position.

Nevada joins 18 other states and 20 cities that have already instituted similar salary history bans. Supporters say the bans promote wage transparency and help remove pay disparities. While most are nearly carbon copies of each other, there are two states that took the idea of a “ban” in a completely different direction.

Michigan passed a law that forbids all salary history bans! Private employers can pretty much ask whatever they want about previous compensation, but those hiring for positions within the state government have to wait until a conditional offer of employment is made. Wisconsin also bans local governments from putting restrictions on employers when it comes to asking applicants about their salary history.

About the Author

Jennifer Gladstone

Jennifer Gladstone

Jennifer Gladstone is a news anchor and journalist with more than 20 years of experience in front of the camera. She's worked in several markets, large and small, and has performed nearly every task needed in a newsroom. As EBI’s Screening News Editor, she keeps EBI’s customers and blog subscribers up to date on the latest screening news and legislative alerts affecting companies of all sizes.

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