Whiplash on U.S. Vaccine Mandate Leaves Employers ‘Totally Confused’

Companies are struggling to figure out what to do as legal battles and rising Covid cases complicate their plans. Even up in the air: What does “fully vaccinated” mean?

The marching orders from the Biden administration in November had seemed clear — large employers were to get their workers fully vaccinated by early next year, or make sure the workers were tested weekly. But a little over a month later, the Labor Department’s vaccine rule has been swept into confusion and uncertainty by legal battles, shifting deadlines and rising Covid case counts that throw the very definition of fully vaccinated into question.

The spread of the highly transmissible Omicron variant has seemingly bolstered the government’s argument, at the heart of its legal battle over the rule, that the virus remains a grave threat to workers. But the recent surge in cases has raised the issue of whether the government will take its requirements further — even as the original rule remains contentious — and ask employers to mandate booster shots, too. The country’s testing capacity has also been strained, adding to concerns that companies will be unable to meet the rule’s testing requirements.

“My clients are totally confused as, quite frankly, am I,” Erin McLaughlin, a labor and employment lawyer at Buchanan, Ingersoll & Rooney, said on Saturday. “My sense is that there are a lot of employers scrambling to try and put their mandate programs in place.”