Rogge Dunn Group’s Rogge Dunn was quoted in a Dallas Morning News article on November 4th concerning how testing unvaccinated employees for COVID-19 will work under Biden’s vaccine mandate.
New government rules requiring COVID-19 vaccination or weekly testing are raising a critical question for employers trying to implement the directive: are there going to be enough tests to go around?
The OSHA documents released Thursday total nearly 500 pages so legal experts and employers will need time to digest the details. That includes a provision requiring unvaccinated employees to cover the cost of their own regular testing. But under the Fair Labor Standards Act, employers would still have to compensate employees for the time it takes to get tested, Dallas employment attorney Rogge Dunn said.
Employers can either keep workers remote to avoid the OSHA mandate, bring testing onsite and carry the potential liability of a worker’s comp claim if something goes wrong, or risk productivity loss to offsite testing, Dunn said.
“If you have a lot of employees that are going once a week [offsite] to be tested, I think the law is going to be that you’re going to have to pay them for that time,” Dunn said.
Read the full article below:
To learn more about attorney Rogge Dunn and his legal experience, click here.