A West Virginia state law that would allow workers to apply for medical or religious exemptions to the COVID-19 vaccine to avoid losing their job is now waiting to go into effect.
But Charleston lawyer Rusty Webb said once federal guidance comes down about vaccine exemptions, he thinks things could get complicated.
Webb said there could be some conflict between West Virginia's vaccine exemption law and President Joe Biden's federal law regarding vaccine mandates for companies with 100 or more employees.
“It’s kind of a big deal," Webb said. “We’ve seen it coming over the summer. These states like Texas, West Virginia, Florida, leaning towards the personal responsibility side. Other states and the federal government leaning toward the mandatory vaccination side. It has to clash eventually, and it’s going to clash as soon as the feds send down these regulations.”
West Virginia University Health Systems announcing an extension for its employees to get the vaccine. They now have until Jan. 22, 2022, right after the new state law goes into effect.
“The federal regulations are going to come down sooner," Webb said. "Under the supremely clause of the the U.S. Constitution, we are supposed to follow federal laws when they clash with state laws. Unless someone says, like the U.S. Supreme Court, that this is a state’s rights issue.”
Webb said he expects many people will take issue with the vaccine mandates to court.
“There will be court filings probably immediately upon the filing of the federal regulations if they clash with state laws," Webb said. "This is ultimately going to end up in the courts. There is no way around it."