On Thursday, September 9, 2021, President Biden presented a six (6) pronged plan to address the ongoing COVID-19 crisis.  Below, is an outline of his plan taken directly from the White House website.  We have utilized their language to avoid any confusion of terminology, directive or purpose.  Obviously, there are many questions surrounding the potential implications and application of this proposed plan.  At this time, no aspect of this plan has been implemented and therefore no immediate action must be taken.  For now, we suggest you familiarize yourself with President Biden’s plan and consider how it might impact your company’s COVID-19 prevention and mitigation procedures.

Vaccinating the Unvaccinated

• Requiring All Employers with 100+ Employees to Ensure their Workers are Vaccinated or Tested Weekly
• Requiring Vaccinations for all Federal Workers and for Millions of Contractors that Do Business with the Federal Government
• Requiring COVID-19 Vaccinations for over 17 Million Healthcare Workers at Medicare and Medicaid Participating Hospitals and Other Health Care Settings
• Calling on Large Entertainment Venues to Require Proof of Vaccination or Testing for Entry
• Requiring Employers to Provide Paid Time Off to Get Vaccinated

Further Protecting the Vaccinated

• Providing Easy Access to Booster Shots for All Eligible Americans
• Ensuring Americans Know Where to Get a Booster Shot

Keeping Schools Safely Open

• Requiring Staff in Head Start Programs, Department of Defense Schools, and Bureau of Indian Education-Operated Schools to be Vaccinated
• Calling on All States to Adopt Vaccine Requirements for All School Employees
• Providing Additional Funding to School Districts for Safe School Reopening, Including Backfilling Salaries and Other Funding Withheld by States for Implementing COVID Safety Measures
• Using the Department of Education’s Full Legal Authority to Protect Students’ Access to In-Person Instruction
• Getting Students and School Staff Tested Regularly
• Providing Every Resource to the FDA to Support Timely Review of Vaccines for Individuals Under the Age of 12

Increase Testing & Requiring Masking

• Mobilizing Industry to Expand Easy-to-Use Testing Production
• Making At-Home Tests More Affordable
• Sending Free Rapid, At-Home Tests to Food Banks and Community Health Centers
• Expanding Free, Pharmacy Testing
• Continuing to Require Masking for Interstate Travel and Double Fines
• Continue to Require Masking on Federal Property

Protecting Our Economic Recovery

• New Support for Small Businesses Impacted by COVID-19
• Streamlining the Paycheck Protection Program (PPP) Loan Forgiveness Process
• Launching the Community Navigator Program to Connect Small Businesses to the Help They Need

Improving Care for those with COVID-19

• Increasing Support for COVID-19 Burdened Hospitals
• Getting Life-Saving Monoclonal Antibody Treatment to Those Who Need It
• Expanding the Pool of Healthcare Professionals Providing Treatment by Developing Federal Monoclonal Antibody Strike Teams

We anticipate updated guidelines from the federal government in the near future.  There are many variables that need to be identified and confirmed.  For example, how will the “100+ employee” standard be calculated?  How will home testing results be communicated and verified?  In addition, the plan appears to invoke authority from various federal departments, agencies, statutes and legal sources.  There may be challenges to the application of the plan, in whole or in part, including but not limited to, possible arguments as to the constitutionality of enforcement.  All of these factors may come to bear on the final product and timeline for implementation.  We will closely monitor the development of President Biden’s plan and provide timely and appropriate updates.

We remain available to answer any questions you have concerning the potential impact on your business.  We encourage employers to review their COVID-19 prevention plans to ensure that all workplaces are as safe as reasonably possible.  In their review, we recommend employers consider the potential impact President Biden’s plan may have on their current protocol and their business as a whole.  We will continue to work with employers to develop COVID-19 mitigation programs appropriate for their workforce demographic within current guidelines.  Should you wish to discuss your company’s COVID-19 mitigation and prevention or concerns pertaining to the proposed plan, please contact the experienced attorneys at C&W at EmploymentLaw@c-wlaw.com or 1-888-488-2638.