LGN Partner Susan Ellingstad featured in StarTribune

Susan Ellingstad

Minnesota employers confront ‘hurry up and wait’ on vaccine mandates

Minnesota employers facing a year-end sprint to comply with federal mandates for COVID-19 vaccines have been granted a reprieve — at least for now.

Federal courts in recent weeks upheld challenges to a trio of Biden administration mandates that, taken together, were poised to mandate a wide swath of employers institute vaccination rules on its workers in January.

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LGN Partner Susan Ellingstad featured in MPR News

Susan Ellingstad

Biden’s vaccine mandates: What you need to know

Millions of Americans will be subject to new vaccine mandates issued by President Joe Biden, including more than 1.4 million workers in Minnesota.

The announcement this week comes as the highly contagious delta variant continues to sweep the nation, putting unvaccinated people at higher risk of hospitalization and death.

Biden only described his plan in broad strokes during a White House press conference Thursday, but the strategy is already drawing applause from some corners — and a lot of questions from others.

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EMPLOYERS’ BIG DECISION – WHETHER TO MANDATE VACCINATION FOR EMPLOYEES

Now that three COVID-19 vaccines have finally received emergency use authorization (“EUA”) from the Federal Food & Drug Administration (“FDA”) and President Biden just announced that all eligible adults should be able to sign up for a vaccine appointment by May 1, the question employers have pondered for some time is ripe for decision: Can employers require their employees to get vaccinated? And the related questions: Can employers ask employees for proof of vaccination? Can employers prohibit employees from coming to the workplace without having been vaccinated? And can employers terminate employees who refuse to be vaccinated?

The short answer to all of the above is yes. But as with every employment decision, it comes with lots of caveats, careful navigation through the legal landscape, risk assessments, and employee morale considerations.

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LGN Partner Susan Ellingstad recently chaired a full-day Employment Law program through Minnesota CLE on various topics relating to COVID-19

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