Businesses are whipsawed again as the Supreme Court blocks OSHA’s vaccine mandate

NY Times ^ | January 13, 2022 | Emma Goldberg and Lauren Hirsch

[DoodleBob]

A requirement that large companies mandate vaccines or weekly testing for workers was blocked by the Supreme Court on Thursday, leaving the often fraught choice up to employers.

Parts of the rule, which the Occupational Safety and Health Administration issued in November, had been scheduled to take effect on Monday.

Vaccine mandates have been a controversial approach to battling the pandemic. United Airlines and Tyson Foods are among the major companies that already have such requirements, but many others are waiting for legal battles to be resolved.

Walmart, Amazon and JPMorgan Chase, three of the largest private employers in the United States, have yet to issue broad requirements for their staff. A spokesman for Macy’s, which began to request the vaccination status of its employees this month, said the retailer was “evaluating this late breaking development.”

Some companies with vaccine mandates said keeping those policies might become more difficult in light of the Supreme Court’s ruling.

Franz Spielvogel, who owns Laughing Planet, a chain of fast casual restaurants with more than 200 employees, required his employees to be fully vaccinated or submit to weekly testing by mid-January and does not plan to change that rule. But the Supreme Court’s decision frustrated him, he said, because he no longer has federal cover to justify his policy.

...

...other states have laws blocking mask and vaccine mandates, which the federal rule would have pre-empted...many employers in those states will be unable to require vaccines, said David Michaels, an epidemiologist and a professor at George Washington University and a former OSHA administrator.

“This decision will be an excuse for those employers who care less about their employees to return to business as usual,”

[facedown]

But the Supreme Court’s decision frustrated him, he said, because he no longer has federal cover to justify his policy.

Well gee Franz, maybe you should rethink your policy, hm?

[ChinaGotTheGoodsOnClinton]

Sue the SC for causing WHIPLASH...LOL those jokers at the Slimes...

[Steve_Seattle]

The gaslighting continues. Businesses are “whipsawed” by a court ruling that tells them they don’t have to implement a time-consuming and controversial policy that may cost them some valuable employees at a time when workers are hard to find!

[ealgeone]

That was the primary purpose of the threat of the mandate. The bidenettes knew many CEOs would hide behind the threat of the mandate.

To show how much of an "emergency" this was the bidenettes kept moving the date.

For that matter, if it had been a true emergency, biden should have made this part of his campaign. The dims knew that'd be a losing position though.

[Skul]

Oh look, the supreme court ended vaccine mandates. Now Joe can say “see I tried, but that supreme court stood in the way. Oh well let’s talk about Jan 6th and elections now”. HOW CONVENIENT. JUST WHEN Omicron COVID runs wild. “Didn’t see that coming, surprise surprise surprise”. What BS.

[Darksheare]

They’re upset because now that they had begun firing people unjustly, they are open to litigation over it.

[SamAdams76]

The CEO's of the companies that succumbed to this unlawful "mandate" are now going to sleep with lumps in their throats.

They made a very poor decision.

[DoodleBob]

Maybe Franz is on the payroll. Circa Sept 2015:

Laughing Planet burrito chain owner Franz Spielvogel, Rep. Suzanne Bonamici, and Labor Secretary Thomas E. Perez pose for a selfie with Laughing Planet manager Aubrey Chamber, whose six weeks of upcoming employer-paid maternity leave prompted the officials’ visit to the Portland cafe. (Photo by Andrea J. Wright, courtesy of U.S. Department of Labor)

Perez praised Spielvogel for his parental leave policy, and had a friendly back-and-forth with the company’s top managers. Then Perez and Bonamici got a lesson on how to make a burrito, as TV cameras crowded into the kitchen.

[blackdog]

Whipsawed..

OH my that's funny. I personally know quite a few HR professionals who would love to tell what this crap has done to industries and then shove that whipsaw right up the collective arss of the New York Times.

[Gaffer]

IMO, an employer who is not backed by a Federal mandate to require vaccinations and causes, coerces or job-threatens an employee to do so who then develops complications from the vaccination should be liable for damages. That’s how I’d decide if I ever got on a jury for such a suit.

[JonPreston]

Everyone knows that businesses exist to keep their employees vaxxed up. Anything else employees accomplish is a bonus.

[God luvs America]

or get sued.

[CommieCutter]

Hope he gets sued out of business.

[bakeneko]

This kind of split decision is insane. Supreme Court does not have authority to pick and choose which parts of a law or policy will stand.

How are unvaxxed (because they know better) doctors supposed to work? How much income and prestige in their chosen profession will they stand to lose by fighting this?

[hardspunned]

That’s my question. If a person was fired over this unconstitutional BS are they automatically owed back pay and immediate reinstatement? How about compensation for the mental anguish from the Karens at work?

[ApplegateRanch]

Thankfully, President Biden, unlike his lawless, autocratic, fascist dictator predecessor, Former President Trump...Oh, wait!

>>White House Spokesperson Jennifer Psaki said the Biden administration would “not be deterred” by the Supreme Court decision, and all employers should immediately continue to “initiate vaccination requirements.”<< (video at link.)

https://theconservativetreehouse.com/blog/2022/01/13/white-house-calls-on-businesses-to-ignore-supreme-court-decision-on-vaccination-and-force-the-vaccine-mandate-regardless-of-constitutional-merit/

[CommieCutter]

Good.

[Prince of Space]

Weekly testing does nothing to stop the spread, honestly. For instance, hubby tested negative for his restaurant job on 1/4. He worked Wednesday 1/6 but came home with a fever & muscle aches. He woke up Thursday and felt fine with no fever, so he went to work. He came home that night with a fever and muscle aches and called out on Friday, but he felt fine on Saturday so he worked. I tested positive last night (1/12) and since he was sick first, I presume I got it from him.

So he had Covid all this time but had no clear cut symptoms and a negative test. He also loses out on an average of $350 everyday that he calls out of work, which we simply can’t afford.

It’s all moot now though because the restaurant is closed for 2 weeks for remodeling, so the timing worked out well for him to be sick.

[Sacajaweau]

Most companies are pretty good about sending people home for a few days. Since this Omicron is going rampant and could care less if you are vaccinated...let companies figure it out. The government caused the shutdown of thousands and thousands of businesses....cuz they could. No More!!