Local attorney weighs in on the vaccine mandate and tests for certain companies

SAN DIEGO – California companies with 100 employees or more will either have to mandate their employees to be vaccinated or require them to be tested weekly before January 4th.

Employers must give their employees paid leave to be vaccinated during working hours and also recover from any side effects, according to the Danish Working Environment Authority. COVID emergency temporary standard.

Laura Kelleher, a lawyer at Swan Employment Law, says that if the company you work for has less than 100 employees on site, the new guidelines still apply.

“If the employer has 100 or more, even though they are in all sorts of different places, that still applies to them,” Kelleher said. “However, there may be exceptions if they have workers who work remotely and do not come into contact with either customers or clients. However, even if they come into contact with customers or clients on not so regular but some of the time bases, they are still subject to these requirements. ”

Kelleher says individually owned franchise companies with less than 100 employees do not have to comply with the new rules.

“Independently owned franchise companies, even if it’s part of a larger company – if the site of the independently owned franchise has less than 100 employees – then ETS does not actually apply to them,” Kelleher said.

OSHA said companies that fail to comply with the rules could face fines of nearly $ 14,000 per year. violation. Employees will be able to file a complaint if they see that their employer is not following the rules, Kelleher adds.

OSHA drafted the rules under emergency preparedness authority designed to protect workers from an imminent health hazard. The agency estimated that the vaccine mandate will save more than 6,500 working lives and prevent more than 250,000 hospitalizations over the next six months.

The weekly test option does not apply to health care workers working in a center that receives federal funding as a nursing home. Their deadline to be vaccinated against coronavirus is January 4th.

The Associated Press contributed to this report.

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