美再出疫苗强制令 扩及企业劳工与医疗院所员工共1亿人
世界新闻网
11/04/2021
继联邦机构员工和包商雇员后，美国政府4日再度宣布疫苗强制令，要求百人以上企业必须在明年1月4日前让所有员工都接种新冠疫苗，或者每周接受病毒检测，预计影响全美8400万名劳工。
此外，针对疗养院、医院等接受联邦医疗保险（Medicare，俗称红蓝卡）和医疗补助计划（Medicaid，俗称白卡）补助的院所，在这些地方工作者均全数接种疫苗，不得以定期病毒检测替代，共约1700万人。
「病毒不会自动消失，我们必须采取行动。」美国总统拜登通过声明表示，这些新规定将占全美三分之二劳工，约1亿名美国人；呼吁雇主采取行动，协助美国摆脱疫情，拯救性命，保护经济复苏。
美国职业安全与健康局（OSHA）表示，违规的企业将面临每次近1.4万美元的罚款。
美联社报导，尚不清楚OSHA要如何落实这项规定，一名资深官员表示，主管机关将锁定那些被投诉的企业。
比照拜登9月签发的行政命令，劳工有权因医疗或信仰理由，申请豁免疫苗令；总体来说，劳工须在明年1月4日前完整接种疫苗，未接种者必须每周向雇主提报至少一次的病毒阴性检测报告，以及在工作时全程戴上口罩；确诊新冠病毒的雇员必须远离办公场所。
对于接种疫苗的劳工，OSHA要求企业提供接种疫苗的有薪假，自12月5日起生效。
根据统计，目前已有7成美国成人完整接种疫苗，拜登大力鼓吹私部门敦促其员工接种疫苗，大型零售商沃尔玛（Walmart），员工超过200万人，也是美国最大的私人雇主，已要求总部员工和移动管理阶层在10月4日前接种疫苗；美国联合航空（United Airlines）要求6.7万名全体员工接种疫苗，否则将面临解雇。
到目前为止，全美已有74万人因新冠病毒丧命，拜登政府已经要求联邦机构的员工接种疫苗，如今进一步拓展到私部门。
Vaccine mandate rules affecting 84 million Americans finalized
白宫正因9月发布的疫苗强制令，遭19个共和党执政州提起违宪之诉，希望阻止拜登政府要求联邦机构员工与包商的雇员强制接种疫苗的规定。
拜登政府此举再度遭质疑可能侵犯州政府权限，资深官员表示，这是紧急授权，相关规定将优于可能抵触的州法律或命令，包括部分州禁止雇主要求接种疫苗、病毒检测或戴口罩。
美联社报导，仍有些企业担忧，新命令将让对疫苗犹豫不决的劳工离职，让劳动力更加不足；零售商抱怨拜登政府的新政策，将扰乱耶诞节档期的安排，可能导致供应链中断。
Biden’s vaccine rules for 100 million workers are here. These are the details
By ANDREA HSU | Twitter
11/04/2021
Frederic J. Brown/AFP via Getty Images
In early September, President Biden announced he was taking steps to get more Americans vaccinated and turn the tide on COVID-19.
On Thursday, the administration rolled out two of those steps — two different vaccine rules covering more than 100 million workers.
Here are the details:
Deadline is Jan. 4: The first rule, issued by the Occupational Safety and Health Administration, covers companies with 100 or more employees, applying to an estimated 84 million workers. Companies must ensure that their workers are either fully vaccinated against COVID-19 by Jan. 4 or that they test negative for COVID-19 at least once a week. The rule will take effect as soon as it’s published in the Federal Register.
Workers must get paid time off to get vaccinated: Under the OSHA rule, employers must pay workers for the time it takes to get vaccinated and provide sick leave for workers to recover from any side effects.
Employers don’t need to pay for testing: In a move that appears designed to push workers to choose vaccinations over testing, the rule does not require employers to pay for or provide testing to workers who decline the vaccine. However, collective bargaining agreements or other circumstances may dictate otherwise.
Unvaccinated people must wear masks: Unvaccinated workers must also wear face coverings while on the job.
Health care workers don’t have testing option under separate rule: A second rule issued by the Centers for Medicare & Medicaid Services requires some 17 million health care workers to be vaccinated by the same deadline, Jan. 4, but with no option for weekly testing in lieu of vaccination. The rule covers all employees — clinical and non-clinical — at about 76,000 health care facilities that receive federal funding from Medicare or Medicaid.
Earlier, Biden had ordered federal workers and contractors to be vaccinated, with no testing option. Federal workers have until Nov. 22 to get the shots, while federal contractors have until Jan. 4.
Vaccine requirements have proved successful, but a backlash is expected
In rolling out the new rules, Biden administration officials said vaccine requirements are good for the economy and hailed the success of vaccine mandates, with only a small fraction of workers choosing to leave their jobs rather than comply. Employers from Tyson Foods to the Houston Methodist hospital system have reported vaccination rates topping 96%.
But well before the details of the rules were released, there was backlash from Republican-led states, with two dozen state attorneys general threatening to sue the Biden administration.
In a letter addressed to Biden on Sept. 16, they warned that a vaccine requirement would drive further skepticism of the COVID-19 vaccines and cause some workers to leave their jobs, further straining an “already-too-tight labor market.” They also asserted that an OSHA rule would be illegal and disputed the notion that COVID-19 is a work-related hazard that falls under the agency’s jurisdiction.
Companies covered by the OSHA rule can challenge it in court, and challenges are expected in the coming days.
This week, the Biden administration was quick to lay out its legal authority in issuing the rule, citing the responsibility OSHA has to provide workers with safe and healthy working conditions and to act quickly when workers are found to be facing grave danger.
Joe Raedle/Getty Images
“A virus that has killed more than 745,000 Americans, with more than 70,000 new cases per day currently, is clearly a health hazard that poses a grave danger to workers,” said a senior administration official.
Workplace outbreaks large and small have been documented, particularly in the first year of the pandemic. A congressional committee recently found that 59,000 meatpacking workers were infected with COVID-19 and that at least 269 of them died.
The federal government is largely relying on companies to self-enforce the rule
In the case of the OSHA rule, enforcement will largely fall to companies themselves. With only a couple thousand state and federal OSHA inspectors nationwide, there is no mechanism for checking up on millions of workplaces to see whether they are in fact keeping vaccination and testing records.
Rather, OSHA inspectors will mostly respond to employee complaints and add COVID-related inspections to their to-do lists when they are already on-site somewhere. Employers who violate the rule can face fines of up to $13,653 per violation for serious violations and 10 times that for willful or repeated violations.
There is an additional step some states will have to take before the vaccine-or-test rule takes effect. Twenty-one states and Puerto Rico have OSHA-approved state plans that govern workplace safety. Within 30 days, those states must enact rules of their own that are at least as effective as the federal rule.
Last month, the Labor Department threatened to revoke the state plans of three states — Arizona, South Carolina and Utah — that had not yet adopted an emergency rule issued by OSHA in June aimed at protecting health care workers.
While those same states and others could similarly delay the implementation of the federal vaccine-or-test rule, employers there may decide to move forward on their own.
Oct 27, 2021
Aug 26, 2021
Raytheon CEO warns company could lose ‘several thousand’ employees over vaccine mandate
By Mike Brest
10/27/2021
Raytheon Technologies’s top boss warned that the U.S. aerospace and defense company will lose thousands of employees who have thus far refused to comply with the COVID-19 vaccine mandate.
“So, we’re going to be faced on Dec. 8 with a choice. We’re going to potentially lose several thousand people who refuse to be vaccinated,” Raytheon CEO Greg Hayes said in a CNBC interview on Tuesday. “Now, this is a tough thing, but we are preparing for it.”
Hayes also said that 83% of the company, which has a total workforce of roughly 125,000 U.S. employees, according to Reuters, is already vaccinated while another 6% are “in the process of being vaccinated.”
Additionally, there is another 3% of employees who are seeking either a religious or medical exemption, while another 3% have said they don’t intend to receive the vaccine, the CEO added, though he did not address the status of the employees who do not fall into those categories.
The company has already begun hiring people to fill the upcoming vacancies, Hayes said.
Raytheon had issued a companywide mandate requiring vaccination by Jan. 1, but that order was usurped when President Joe Biden declared that all federal contractors must receive the vaccine by Dec. 8.
Hayes’s comments came the same day Alabama Republican Sen. Tommy Tuberville sent a letter to the White House claiming that Biden’s “federal contractor vaccine mandate will have negative effects on our national security” and called on the president “to remove — or, at a minimum, delay and clarify — vaccination requirements on private companies and academic research institutions that are actively supporting the Department of Defense.”
Similarly, nearly a dozen Republican lawmakers on the House Armed Services Committee petitioned the White House and Defense Secretary Lloyd Austin to reverse the Pentagon’s vaccine mandate for contractors over fears that it could lead to supply chain issues.
Roughly 100 employees at United Launch Alliance, a Lockheed Martin and Boeing joint venture that contracts to both the Pentagon and NASA, walked off the job Monday over the federal government’s vaccine mandates and pledged to continue protesting in the days leading up to the deadline to be vaccinated.
Former WSU football coach Nick Rolovich to sue university over firing after refusing vaccine
According to a press release sent by his attorney, Rolovich is accusing WSU Athletic Director Pat Chun of “discriminatory and vindictive behavior.”
By KREM Staff
10/20/2021
PULLMAN, Wash. — Former Washington State University football coach Nick Rolovich was fired Tuesday, Oct. 19 after refusing to be vaccinated against COVID-19 and now he plans to sue the university.
According to his lawyer, Rolovich will be taking legal action against WSU and all parties responsible for his termination. The decision to terminate Rolovich came after his request for a religious exemption from the vaccine was denied by the WSU. According to his lawyer, WSU “indicated that even if the exemption had been granted, no accommodation would have been made.”
Rolovich is accusing WSU Athletic Director Pat Chun of “discriminatory and vindictive behavior,” according to the statement from his lawyer, Brian Fahling.
“Since at least early April, it became clear that Chun had already determined that Coach Rolovich would be fired,” Fahling says. “Chun’s animus towards Coach Rolovich’s sincerely held religious beliefs, and Chun’s dishonesty at the expense of Coach Rolovich during the past year is damning and will be thoroughly detailed in litigation.”
In the statement, Fahling says, “Chun’s discriminatory and vindictive behavior has caused immeasurable harm to Rolovich and his family. It is a tragic and damning commentary on our culture, and more specifically, on Chun, that Rolovich has been derided, demonized, and ultimately fired from his job, merely for being devout in his Catholic faith.”
Pope Francis, the leader of the Catholic Church, has encouraged people to get the COVID-19 vaccine.
Here is the statement from Rolovich’s lawyer in full:
“The termination of Washington State football coach Nick Rolovich on Monday was unjust and unlawful.
It came after Coach Rolovich’s request for a religious exemption from the vaccine was denied by the University. The institution also indicated that even if the exemption had been granted, no accommodation would have been made. As a result, Coach Rolovich will be taking legal action against Washington State University, and all parties responsible for his illegal termination.
Immediately after terminating Coach Rolovich, WSU Athletic Director, Pat Chun, directed campus police to escort the coach to his car, he wasn’t allowed into his office, and he was not even allowed to speak to his team. Since at least early April, it became clear that Chun had already determined that Coach Rolovich would be fired. Chun’s animus towards Coach Rolovich’s sincerely held religious beliefs, and Chun’s dishonesty at the expense of Coach Rolovich during the past year is damning and will be thoroughly detailed in litigation.
Chun’s discriminatory and vindictive behavior has caused immeasurable harm to Coach Rolovich and his family. Furthermore, the University’s deceitfulness about being unable to accommodate Coach Rolovich even if his religious exemption request had been granted, is exemplified by Chun’s actions arranging a “secret” donor trip that he had Coach Rolovich attend at the height of the pandemic in July 2020.
During that excursion, Chun and other attendees contracted the disease, but Coach Rolovich did not. It is a tragic and damning commentary on our culture, and more specifically, on Chun, that Coach Rolovich has been derided, demonized, and ultimately fired from his job, merely for being devout in his Catholic faith.”
KREM has reached out to WSU for a statement but has not yet received a response.
320万年薪傲视全州公务员 华盛顿州立大学教练拒打疫苗遭开除
10/20/2021
华盛顿州立大学(Washington State University，WSU)足球队总教练罗洛维奇(Nick Rolovich)年薪320万元，在领取州政府薪水的公务员收入排行榜称霸。但因罗洛维奇拒绝遵守华州要求公务员必须接种新冠疫苗的规定，本周稍早已被开除。华盛顿邮报报导，罗洛维奇堪称到目前为止，最为引人注目的公职人员拒打疫苗而丢饭碗案例。
华盛顿州立大学18日宣布已经解聘罗洛维奇。华盛顿州立大学美洲狮队(Washington State Cougars)体育主任秦派特(Pat Chun，音译)指出，罗洛维奇拒绝配合疫苗接种规定，已经失去获得校方聘用的资格。
秦派特在声明中说，这起事件让学校足球队感到沮丧。
42岁的罗洛维奇出身于夏威夷大学(University of Hawaii)足球队，2019年曾获西部山区联盟(Mountain West Conference)最佳教练。罗洛维奇年薪320万元，是领取华州州政府薪水的公务员当中排行最高者。
罗洛维奇今年暑假已经表明坚决不打疫苗，太平洋十二校联盟(Pacific-12 Conference)在洛杉矶举办媒体宣传，由于规定全体出席者必须打疫苗，罗洛维奇便因此缺席。
秦派特指出，校方与罗洛维奇协商长达数月，但罗洛维奇态度坚定，「他有权做出选择，他的决定就是不配合规定」。
华盛顿州立大学校长薛尔兹(Kirk Schulz)则在声明中说，虽然少数人士拒打疫苗而引发轩然大波，但学校接近90%雇员及97%学生则都打了疫苗。
薛尔兹说：「人们可以做选择，而且有好几个月的时间可以决定。这并不是突然发生的。」
除了罗洛维奇之外，华盛顿州立大学美洲狮队另外四名助理教练罗戈(Ricky Logo)、理查森(John Richardson)、史特兹曼(Craig Stutzmann)、韦伯(Mark Weber)，同样因为拒打疫苗，一并遭到开除。
美国ESPN知名体育记者拒打疫苗被开除
本文源自: 金融界网
10/20/2021
迪士尼旗下娱乐与体育节目电视网（ESPN）的知名记者艾莉森-威廉姆斯（Allison Williams）周一表示，她因为拒绝接种新冠病毒疫苗而被解雇，下周将是她在这里工作的的最后日子。
这位明星记者最出名的是她对美国大学橄榄球和篮球比赛的报道，她在社交媒体上的一段视频中说，她要求豁免不接种疫苗的请求被拒绝了。
威廉姆斯从2011年3月开始为ESPN工作。上个月，她在推特上发表声明称，在咨询了医生后，她拒绝接种疫苗，因为她和她的丈夫正试图生第二个孩子，接种疫苗“不符合我的最佳利益”。
ESPN的母公司迪士尼是众多要求员工接种疫苗的企业之一。该公司在一份声明中说，不会对威廉姆斯的个案置评。迪士尼表示，公司正在按照其法律义务，处理员工提出的豁免要求。
ESPN’s Allison Williams explains why she’s giving up her job over a vaccine mandate
By ANDREA HSU
10/20/2021
Lance King/Getty Images
ESPN college basketball and football reporter Allison Williams has joined a small minority of workers who have quit or been fired from their jobs over a vaccine mandate.
“I have been denied my request for accommodation by ESPN and the Walt Disney Company, and effective next week, I will be separated from the company,” she said in a video posted to Instagram on Friday.
ESPN’s parent company, Disney, had announced a vaccine mandate over the summer with a deadline of this Friday, Oct. 22.
In early September, Williams shared on Twitter that she’d decided not to get a COVID-19 vaccine while she and her husband were trying to have a second child.
“Taking the vaccine at this time is not in my interest,” she wrote.
The CDC has urged people who are pregnant or might become pregnant to get vaccinated, saying there is currently no evidence showing COVID-19 vaccines cause fertility problems and no data pointing to an increased risk of miscarriage among people who received an mRNA vaccine during pregnancy.
In the Instagram video, Williams spoke of her medical apprehensions about receiving the vaccine and added, “I am also so morally and ethically not aligned with this.”
“Ultimately, I cannot put a paycheck over principle, and I will not sacrifice something that I believe and hold so strongly to maintain a career,” she said in the video. “I’m going to pray things get better and that I can see you on the television set in some capacity in some stadium, covering some game soon.”
Williams, who had reported for ESPN since 2011, acknowledged she’s not the only one walking away from a career or a profession they love.
Hundreds of hospital workers have quit rather than get vaccinated, but they represent only a tiny fraction of employees overall. For example, Duke Health in North Carolina reported it had fired just 20 people out of a workforce of 23,000.
Meanwhile, United Airlines said it is terminating a couple of hundred of its 67,000 employees who did not comply with the airline’s vaccine mandate. Other employers that have imposed vaccine mandates are also reporting compliance rates topping 90%.
Tel: 551-580-4856 | Email: F.WINNIE.S@GMAIL.COM
北美法律公益讲座安排
时间：周二到周五 晚间
5:30-7:00(西部)
8:30-9:30(东部)
重播：第二天
上午9:00(西部时间）
中午12:00(东部时间)
周二: 遗嘱和授权书（Lisa讲）
周三: 数据泄露和个人身份保护&事业机会说明会
周四：北美常见法律问题(讲员Irene )
周五：小企业法律和员工福利（晶旌）
Zoom 6045004698，
密码：请扫码进群
另外：周三6:30（西部时间）美国专场
定期邀请美国律师联合讲座
Zoom 951 9092 9213
密码：请扫码进群
Veteran police officer resigns over vaccine mandate in chronically understaffed department
The department has chronically been understaffed and more officers could resign over the mandate
By Emma Colton | Fox News
9/21/2021
A nearly 30-year police veteran in California resigned over San Jose’s vaccine mandate as the police force continues struggling with chronic understaffing.
“First of all, it’s my religious belief. I also believe I’ve been given a choice about what to do with my body,” Sgt. David Gutierrez said after he resigned from the San Jose Police Department this weekend, KPIX reported.
Gutierrez spent 23 years with the San Jose Police Department working as a homicide detective, internal affairs investigator and patrol supervisor, before retiring in 2019. He then returned to the force as a reserve officer.
Gutierrez worked his last shift at the department on Saturday, and said he sent a letter to the city manager on Monday denouncing the city’s vaccine mandate, which requires city employees to show proof of vaccination or get a medical exemption. Those who don’t comply face disciplinary action, such as termination.
“Disciplinary action is when you have done something wrong,” Gutierrez said, according to NBC Bay Area. “I have done nothing wrong – by making a choice not to be vaccinated why would you be disciplined?”
Gutierrez added that he is not anti-vaccine and would be open to the city testing him on a weekly basis instead of enforcing the vaccine or getting a medical exemption.
“I’m not anti-vaccine. I don’t tell people, ‘You shouldn’t get it.’ But when it comes to my body, it’s my choice about what I want to put in my body,” Gutierrez said.
He sent his resignation letter ahead of the city’s Sept. 30 deadline for employees to get the vaccine, and said more officers could also walk off the job amid the department already facing understaffing issues.
“We are already understaffed and can’t afford to lose more,” Gutierrez said.
“If they let go police officers who’ve been here five years, 10 years, 15 years, you can hire somebody else, but you’re not going to hire that experience though,” he added.
A recent audit examining the last 10 years of the police department found the force has heavily relied on overtime as it struggles with understaffing.
About 200 officers in the department have so far asked for exemptions, many of which are for religious purposes. But the Democratic mayor, Sam Liccardo, says the vaccine mandate is overall working and doesn’t anticipate an exodus from the force.
“This is certainly for the protection of the individual members of our city team. But it’s also, critically, for the safety of our entire community because we know, obviously, first responders are out there interacting [with the public] every day,” Liccardo said, according to KPIX.
Northern NY hospital to stop delivering babies after resignations over Covid-19 vaccine
BY Christine Vendel
9/12/2021
A hospital in New York plans to stop delivering babies later this month because too many maternity workers resigned rather than get the Covid-19 vaccine.
Lewis County Health System Chief Executive Officer Gerald R. Cayer announced at a news conference Friday afternoon that the maternity department would be closed on Sept. 25 until they can find enough vaccinated nurses to safely reopen it.
Cayer told reporters in Lowville, is the North Country of New York state, that seven of the 30 people who have resigned from the hospital worked in the maternity department, according to the news site NNY360.
Seven additional maternity workers have not said whether or not they will get their first vaccine shot by Sept. 27, which is the deadline set by the state for healthcare workers to get at least one shot, according to the news site.
The health system has a higher than average percentage of its staff vaccinated, Cayer told reporters, with 464 employees vaccinated out of 650, or 73 percent.
But there are still 165 employees who have not yet shared their decision with hospital management, WWNY television news reported.
Medical services in five other departments may have to be cut back as well if more staff members resign because they refuse to be vaccinated
“It just is a crazy time,” Mr. Cayer said, according to NNY360, “It’s not just LCHS-centric. Rural hospitals everywhere are really trying to figure out how we’re going to make it work.”
“If you don’t have staff, how do you deliver the service? That’s what I’m going to be talking about,” Cayer said.
The Health System is one of only two county-owned hospitals left in the state and is the largest employer in the county.
