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The Legality of Employer and Government Enforced Vaccine Mandates

Loeb Employment & Labor partner Ian Carleton Schaefer spoke to Cheddar News in a broadcast interview discussing the nation’s proposed federal vaccination mandate for businesses with more than 100 employees and the legal challenges it may face. Schaefer, who serves as chair of the New York Employment & Labor practice, noted that employers across the U.S. have set forth a diverse range of vaccine regulations. 

“Different companies have taken very different approaches to this [vaccine mandate] issue,” Schaefer told Cheddar News. “Even though it is – from a private sector perspective – very clear that employers can mandate vaccination programs, not all of them are actually doing that."

“There has been a full spectrum of approaches,” Schaefer continued. “Some employers are taking the position of ‘Don’t ask, don’t tell. I don’t want to know what your vaccination status is. I don’t need to know.’ On the other side of the spectrum, you have employers that are saying ‘Jab, or Job.’ And some [others] are in between – you have employers saying, ‘strongly encouraged, but don’t mandate.’”

Watch the full interview and discussion on Cheddar News’ website.