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New Hampshire's Business: Briefing on president's COVID-19 vaccine mandate for private employers

Legal challenges and enforcement concerns for NH employers

New Hampshire's Business: Briefing on president's COVID-19 vaccine mandate for private employers

Legal challenges and enforcement concerns for NH employers

>> WELCOME TO NEW HAMPSHIRE'S BUSINESS, I'M FRED KOCHER. THERE ARE ABOUT 200 EMPLOYERS IN THE STATE OF NEW HAMPSHIRE THAT FALL UNDER THE EXECUTIVE ORDER THAT THEIR EMPLOYEES MUST BE VACCINATED, FUYLL VACCINATED, BUT OF COURSE, THERE'S RESISTANCE AND OUR LEGAL CHALLENGES ARE ALREADY INHE T WORKS. HERE IS THE HISE ESSENCE OF THAT EXECUTIVE ORDER, IN TERMS OF THE EMPLOYERS AND NEW HAMPSHIRE HAS ABOUT 200 AND REQUIRES THEM TO HAVE EMPLOYEES FULLY VACCINATED, RELIGIOUS AND MEDICAL EXCEPTIONS ARE POSSIBLE. EMPLOYEES Y MAOPT OUT AND PAID TIME OUT. NOW THERERE A ENFORCEMENTS AND CHALLENGES. ENFORCEMENT OF THE DEPARTMENT OF LABOR AND OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION TO OFFER NEW RULES AND ISSUE FINES, NO DATE YET FOR RULES TO BE ISSUED AS FAR AS WE KNOW. THE PRESIDENT'S MANDATE IS SUBJECT TO LEGAL CHALLENGES AND RESISTANCE. WITH ME TO EXPLAIN ALLF O THAT IN LEGAL TERMS ESPECIALLY, IS THE CHAIR OF THE LABOR AND EMPLOYMENT, AND IN NEW HAMPSREHI AND MASSACHUSETTS, JAMES, WELCOME. >> THANKS,FD.RE >> NOW, YOU JUST GAVE A BRIEFING TO THE NEW HAMPSHIRE TECH ALLIANCE SO WE'RE GOING TO GET SOME THAT HAVE FROM YOU, BUT YOU HAD A LARGE BUSINESS PRACTICE. WHAT FEEDBACK ARE YOU GETTING FROM YOUR CLIENTS ON THIS? >> IT'S A BIT MIXED. MOST ARE ASKGIN QUESTIONS. SOME WELCOMEHE T MANDATE BECAUSE THEY'RE TRYING TO IMPLEMENT MANDATESF O THEIR OWN AND OTHERS ARE LOOKING AT THE DIFFICULTY FINDING EMPLOYEES AND THIS COULD MAKE IT MORE DIFFILTCU IF THEY REQUEIR THEIR EMPLOYEES TO GET VACCINATED. AS YOU KNOW,HE T AUDIENCE, THAT THE VACCINATION MANDATE INCLUDES FEDERAL WORKERS, THE MILITARY AND FEDERAL GOVERNMENT CONTRACTORS. NOW, WE HAVE A NUMBE OFR FEDERAL GOVERNMENT CONTRACTORS SUCH AS BAE SYSTEMS AND RAYTHEON MARINE. BUT WE ALSO HAVE A LOT OF SMALLER FEDERAL CONTRACTORS, THE QUESTION IS DOES THE FEDERAL CONTRACTOR BUSINSES UNDER 100 EMPLOYEES HAS TO COMPLY WIT THHE MANDATE SIMPLY BECAUSE THEY'RE A FEDERAL CONTRACTOR? >> THAT'S ONE OF MANY QUESTIONS THATRE A LEFT UNANSWERED AT THIS POINT. REMEMBER, THE EXECUTIVE ORDERS WERE JUST LAST WEEK ON THE NINTH, SO THERE ARE A LOT OF UNANSWERED QUESTIONS AND THAT'S ONE. HOW DO YOU DETERMINE WHETHER OR NOT YOU'RE COVERED AS A FEDERAL CONTRACTOR? IS IT BASED ON THE SIZE OF THE CONTRACT OR THE NUMBER OF EMPLOYEES YOU HAVE? ARE SUBCONTRACTORS COVERED? WE DON'T KNOW YET AND WE'RE EXPECTG INTHE REGULATIONS OUT IN THE NEXT 30 TO 60 DAYS. >> AND THE LORAB DEPARTMENT IS WRITING THE RULES ON ENFORCEMENT AS WE SPEAK AND WHATO DYOU EXPECT THEM TO SAY? >> YOU KNOW, IT'S ISSUED UERND THE EMERGENCY TECHNICAL STANDARDS THAT OSHA CAN ISSUE THE RULES AND REGULATIONS FOR SIX MONTHS AND THEY'LL FOLLOW THE EXECUTIVE ORDER AND HOPEFULLY GEIV THEM MORE DEFINITION, TOO, TO SOME OF THE QUESTIONS THAT WE HAVE. OF COURSE, THERE ARE LALEG RESISTCEAN IN THE WORK HERE IN NEW HAMPSHIRE AS YOU KNOW, GOVERNOR SUNUNU SSAY HE'LL JOIN WITH OTHER GOVERNORS, QUOTE,ND A SEE HOW BEST TO PUSH BACK AGAINST THE OVERREACH. WHAT SAY YOU? >> THERE ARE SOME CHALLENGES, THAT ARE CONSTITUTIONAL WITH REGARDO T SUGGESTING OVERREACH BY THE FEDERAL GOVERNMENT, THE POWER IS NOT NECESSARILY THEIRS, BUT I THINK THAT THE CHALLENGES WILL LIKELY BE IN THE COURTND A THIS IS THE WAY I LOOK AT IT IN RECENT YEARS AND EMERGENCY TECHNICAL STANDARDS ISSUED BY OSHA HAVE BEEN CHALLENGEDND A VACATED BY COURTS. IN THE LAST SIX MONTHS WE'VE HAD A SITUATION WHERE EMPLOYER MANDATES, WHETHER WE'RE TALKING MERCY HOSPITAL IN TEXAS OR THE UNIVERSITYF O INDIANA, THAT HAVE THESE VACCINE MANDATES HAVE BEEN UPHELD BY COURTS. SO, THE NEEDLE IS TILTING TOWARDS POTENTIALLY BEING UPHELD AND PARTS OF IT THAT CERTAINLY NEED TO BE CLARIFIED. >> WE CAN PROBABLY SAY THERE WILL PROBABLY BE MORE PEOPLE VACCINATED FOR SURE. AND THE CIRHA OF THE LABOR
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New Hampshire's Business: Briefing on president's COVID-19 vaccine mandate for private employers

Legal challenges and enforcement concerns for NH employers

Fred Kocher and the chair of a local employment group discussed the legal challenges and enforcement concerns with the president's COVID-19 vaccine mandate for private employers with 100 or more workers, specifically here in New Hampshire. Kocher's spoke one-on-one with James Reidy, the chair of the labor and employment group with Sheehan Phinney Bass & Green, based in Manchester.

Fred Kocher and the chair of a local employment group discussed the legal challenges and enforcement concerns with the president's COVID-19 vaccine mandate for private employers with 100 or more workers, specifically here in New Hampshire.

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Kocher's spoke one-on-one with James Reidy, the chair of the labor and employment group with Sheehan Phinney Bass & Green, based in Manchester.