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OSHA Issues Rule Based upon Biden Mandate

Nov 05, 2021
OSHA published its rule putting into effect President Biden’s mandate regarding worker vaccinations

Yesterday, November 4, 2021, OSHA published its rule putting into effect President Biden’s mandate regarding worker vaccinations. The OSHA rule provides some needed clarity for employers in terms of compliance.


The previously announced Biden mandate applies to employers of 100 or more employees, medical facilities that receive funding from Medicare or Medicaid, and federal contractors with a contract value over $250,000. However, the announcement did not address how the number of 100 employees would be calculated. While the OSHA rule clarifies multiple different scenarios of how to calculate the total number of employees (including whether to use independent contractors, or employees working remotely, or employees working in different locations), the rule makes clear that the number of employees is to be calculated using the number of employees as of the date the rule was published. The OSHA rule also clarifies that employers who had adopted a mandatory vaccine policy prior to the Biden mandate are in compliance, even if those policy contains exceptions for employees who are not vaccinated based upon religious grounds and disability/medical grounds.

The OSHA rule also states that covered employers who do not comply could face penalties of $14,000 per violation. Further, employers’ mandatory vaccination plan must be readily accessible to all employees. In addition, the OSHA rule mandates that employers have 30 days from the effective date of the rule to:


  • establish a vaccination policy;
  • determine vaccination status of employees and obtain proof,
  • ensure unvaccinated employees wear face masks at work and in company vehicles; and
  • provide employees information about workplace policies/procedures, and protections against retaliation and discrimination, and also information about laws with potential criminal penalties for supplying false information.


The Rule further clarifies that Employers will have 60 days from the date the rule becomes effective to ensure that unvaccinated employees test weekly.


The new OSHA rule will add a new wrinkle to the constantly fluid situation of compliance with government regulations based upon the COVID 19 pandemic. 


If you have any questions about the new OSHA rule, or any other aspect of employment law, please do not hesitate to contact the attorneys at The Royal Law Firm.

06 Mar, 2024
Walking a Fine Line  By Trevor Brice, Esq.
14 Feb, 2024
Effective January 1, 2024, all businesses conducting and engaging in business within the United States, have one more requirement to add to their list. The Corporate Transparency Act (“CTA”), was passed by Congress in 2021, and recently took effect January 1, 2024. What is it? The Act requires businesses to report their “beneficial owners” to the government through a Beneficial Ownership Information (BOI) report. A “beneficial owner” is someone who owns 25% or more of the business or exercises substantial control over it. The reports are made to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN), which has been tasked with maintaining a national registry of beneficial owners of the reporting companies. Why was this passed? The Act is Congress’ attempt to prevent money laundering, terrorism financing, tax fraud, and other illicit activities including human and drug trafficking and securities fraud (aka prevent shell corporations and hiding money). While shell corporations are not illegal, they can be used to engage in activities that shield entities from legal liability, which is disfavored by the government and courts. Certain circumstances actually benefit from the use of a shell corporation, i.e. where companies seek to take advantage of doing business “offshore.” However, the “bad actors” who abuse this business structure have used such strategies for personal gain and, according to the government, hide from legal liability. Who does it effect? The new reporting requirement affects all businesses, corporations, and LLCs, no matter how big or small. It also affects non-US entities that are registered to conduct business with any state or territory within the United States. How do you comply? To remain in compliance with the reporting requirement, business must file the report by year end of 2024. If you create a business this year, 2024, but before January 1, 2025, you will have 90 calendar days after receiving notice of the company’s creation or registration to file the initial BOI report. Notice is actual notice received or public notice by the secretary of state, whichever is earlier. Failure to comply could lead to financial penalties or jail time. Such penalties include felony convictions, $500 daily (for every day of non-compliance) penalty up to $10,000, up to two years in prison. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
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