Michael is a nationally quoted labor and employment lawyer and the founder of MLE Law, a full-service labor and employment/business law firm that uses modern technology to give businesses, individuals and municipalities a legal experience that is efficient, transparent and price-predictable.
I think there are certainly a number of options that go beyond vaccines. Obviously there is always the remote work options which is the most prevalent one in the pandemic. There’s always the options for masks. I don’t think the legislation wiped out the ability of public sector employers to order masks. Private employers can do it.
Just like in the aftermath of a bad breakup, employers frequently comment to me that the signs were always there, they just weren't paying attention. Employees running a successful side hustle may start to show less enthusiasm, may start to drastically lose focus and may become more irritable.
At the end of the day, I view this as a practical decision, focusing on the idea that OSHA doesn’t have this exceedingly broad regulatory authority.