After a lot of media fanfare, it seems that the way Delta Airlines had created a stick for vaccination isn't going to be the model after all for other large employers.
In Bloomberg Law, legal experts explain how gray that legal area is about imposing surcharges on a employer sponsored healthcare insurance plan for the non-vaccinated. After consulting with their law firms, most employers have backed off that option.
Delta Airlines pulled off the legalities at least for that specific corporation by looping in the mandate into its wellness program.
However, other employers soon found out that for them that could be filled with compliance nuances. For example, there are different legalities if the wellness program is "participatory" or "health contingent." Within each of those categories there are their own legal issues.
Also, the Labor Department, which is a watchdog on wellness programs, hasn't yet made an official statement how it plans to designate vaccine incentives. That classification could introduce fresh legal issues.
So, employers likely will have to move on to consider other forms of the stick to encourage vaccinations. This could be an ongoing initiative since boosters could become strongly recommended.
Meanwhile, law firms seemingly have had no reservations imposing vaccination mandates for entering the office - with there is a reopening.
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