In several ways — and in standard California fashion — L.A. County and the state have led the way with vaccine mandates for indoor events, school staff, health care and home health workers, and state employees.

On Sept. 9, President Joe Biden followed suit, announcing an executive order mandating all employers with more than 100 workers require vaccinations or test for the virus weekly. The order is expected to affect an estimated 80 million Americans and includes a provision requiring employers to provide paid time off for employees to get immunized.
 
The president also announced an order requiring all federal contractor employees to be vaccinated.
 
But questions about how best to implement these requirements keep coming. Some employers are exploring a combination of requirements. Others are weighing whether to provide incentives to employees to get vaccinated or penalize those who are not.

These decisions could present new legal complications for employers.

Monrovia-based Trader Joe’s was sued last week by an employee alleging discrimination over a religious accommodation. Atlanta-based Delta Air Lines, the top carrier by passenger count at LAX, announced last month that it will levy a $200 monthly health insurance premium on unvaccinated employees.
 
“Before you get creative with your vaccination policy, consult your attorney so you don’t walk into a violation,” said Allison Scott, an associate at the Los Angeles office of employment law firm Dykema, who will be speaking during the company’s Sept. 13 webinar for employers on vaccine and mask requirements and exemption
accommodations.

Scott added that compensation for Covid tests can be considered part of a benefit plan. Employers need to be aware of California laws that restrict what they can and cannot provide in benefits plans.
 
And employers also need to decide what tone to set with their policies.
“I prefer to have clients steer clear of a penalty issue because it has a negative impression,” Scott said. “Mandates offer a clearer path. Penalties can be an unknown track.”