Due to the recent increase in COVID-19 cases, California officials are recommending that private employers require their employees to be vaccinated against COVID-19 or face regular testing.
In an article in the Sacramento Business Journal, Governor Gavin Newsom’s senior advisor and director of the Governor’s Office of Business and Economic Development, Dee Dee Myers, called on private employers, urging them to follow the state’s lead and mandate COVID-19 vaccinations or regular testing to make way for economic recovery.
This recommendation comes despite hesitancy that the COVID-19 vaccination has only been authorized for emergency use by the Food and Drug Administration. However, Acting Assistant Attorney General, Dawn Johnsen, has indicated that this does not present a barrier for those businesses wishing to mandate vaccinations.
In related news, the Food and Drug Administration on Monday “approved” the Pfizer-BioNTech COVID-19 Vaccine for the prevention of COVID-19 disease in individuals 16 years of age and older.
In light of this recommendation, California legislators are considering introducing a bill to impose a vaccine mandate or regular testing requirement on private sector employers. The California Department of Fair Employment and Housing has stated that private employers may require employees to receive a FDA approved vaccination (Pfizer) so long as the employer) provides reasonable accommodation related to disability or sincerely held religious beliefs and 2) does not retaliate against employees for requesting such an accommodation.
Currently, many private employers have been hesitant to impose mandatory vaccinations. However, Facebook, Microsoft, Google and Kaiser Permanente are ahead of the curve and have begun mandating COVID-19 vaccinations.
In order to incentivize mandating vaccinations, business leaders have made various demands including that the state provide tax credits for the cost of increased testing and remove extended paid sick leave for workers who are not vaccinated.
Stay tuned for more.
Michael M. Daly
One America Plaza
600 West Broadway, Suite 400
San Diego, California 92101
Tel: (619) 525-7000
Fax: (619) 525-7001
mike@dalylawfirm.co
www.dalylawfirm.co
