Loeb New York Employment & Labor chair Ian Carleton Schaefer is quoted in articles published by The Wall Street Journal, Law360, HR Dive and Allwork.Space discussing New York City’s announcement on December 6, 2021, mandating that all private-sector workers must be fully vaccinated against COVID-19.
Ian told Law360 and HR Dive that if the New York mandate is challenged and ends up at the appellate level, it could lead to a ruling conflicting with other circuits, which in turn could put the onus on the nation's highest court to step in and provide guidance.
"Some employers may challenge the city mandate, just as employers have challenged the federal mandate," Ian said. "As a result, you could see this go to the Second Circuit, which may reach a different result in the Fifth (or Sixth) Circuit Court of Appeals, thereby creating the inevitable circuit split requiring the Supreme Court to weigh in."
Ian also noted to The Wall Street Journal and Allwork.Space that the city’s vaccine requirement will likely resemble the proposed nationwide federal mandate in terms of its structure and implementation.