I think it's pretty clear when you make a choice that's against all public health information and data out there that it's not based on what is in the interest of the people you are governing, it's perhaps in the interest of your own politics. — White House Press Secretary Jen Psaki
I think it's pretty clear when you make a choice that's against all public health information and data out there that it's not based on what is in the interest of the people you are governing, it's perhaps in the interest of your own politics. — White House Press Secretary Jen Psaki
Texas' ban of vaccine mandates puts businesses in a difficult position
Many employers want employees to get vaccinated, which they believe will reduce health care costs that can average $50,000 for each hospitalized worker. It could also trim down on absenteeism, companies believe.

The promised federal rules would allow businesses to push employees to get vaccinated without being blamed by those who objected. And the rules would reduce the chance that vaccine hesitant workers would quit, since any other employer with 100 or more workers would also have the same vaccine or weekly testing requirements.

But Abbott's order puts employers exactly where they didn't want to be — in the middle of a legal and political battle between the federal government and a Republican governor.

"It creates more confusion, more difficulty, more frustration for employers," said Brian Kropp, chief of research at consulting firm Gartner's HR practice.

... White House Press Secretary Jen Psaki said Abbott's order put him out of step with business leaders. The US Chamber of Commerce and the Business Roundtable, a national organization of CEOs from many of the largest and most influential US companies, praised Biden's action when it was announced. Psaki accused Abbott of putting political motives above public health.

"I think it's pretty clear when you make a choice that's against all public health information and data out there that it's not based on what is in the interest of the people you are governing, it's perhaps in the interest of your own politics," Psaki said.


Federal law, including regulations like the ones proposed by Biden, typically have legal precedence over state laws or mandates, under what is known as the supremacy clause of the US Constitution, and a well-established legal theory known as federal preemption. American (AAL) and Southwest Airlines (LUV), two Texas-based companies that are preparing to impose vaccine mandates on employees, cited that fact Tuesday when saying that they intend to move forward with their vaccine mandate plans, despite Abbott's order.

"We are aware of the recent order by Gov. Abbott," said Southwest. "Federal action supersedes any state mandate or law, and we would be expected to comply with the president's order to remain compliant as a federal contractor. We will continue to follow all orders closely."

But that doesn't mean companies that chose to follow Biden's order over Abbott's will be trouble-free, said Kropp.

Most unvaccinated adults at this point remain opposed to getting the shots, and a disputed mandate will create more friction between bosses and employees than an undisputed one, he said.

"With Abbott's announcement, now they'll have employees saying, 'The governor says I don't need to be vaccinated,'" Kropp said. "There will likely to be lawsuits, even if they turn out to be nuisance lawsuits. At a minimum, it creates a lot of distraction for employees and employers."
Read the full article: https://www.cnn.com/2021/10/12/business/employers-vaccine-mandate-rules-battle/index.html