Could The DOL Workplace Vax Rule Complicate Wage Claims?
November 4, 2021
The U.S. Department of Labor’s emergency temporary standard nudges employees to get vaccinated. Still, it leaves many open questions, such as whether an employee who declines to get vaccinated should be paid for the time they spend on weekly testing, as well as for the test itself. Michael Jones discussed the issue with Law360, noting that employees may be able to present a credible claim that they should be paid for testing time and reimbursed for its cost because their employer mandates it. Employers would defend by pointing out it’s the government’s requirement, not theirs. The government mandate defense has already begun to appear in cases across the country. “That’s going to be the argument,” Jones said. “This is a government mandate, not an employer mandate.”
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