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In brief

Can private employers mandate vaccination as a condition of returning to the workplace? The recent spike in the COVID-19 Delta variant has caused the re-closure of worksites or changes to workplace safety protocols, leading to legal developments that provide more clarity to this issue.


In this Quick Chat video, our Labor and Employment lawyers breakdown whether and how private employers can mandate vaccination.

https://video.bakermckenzie.com/embed?id=c2397b33-a7ff-4b72-a07e-1ae5e4969cd4

Clients are finding our Vaccine Analysis Matrix (VAM) helpful. On a state-by-state or country-by-country basis, depending on your organization’s needs, the matrix covers topics like permissibility of mandatory vaccinations, getting proof of vaccination and potential liabilities. This practical tool supports companies in developing their reopening plans and is available for a fixed fee.

Read more about whether US employers can (and should) mandate vaccinations for their workforce in our client alert, United States: Mandating COVID-19 Vaccination? Before You Act, Consider These Key Issues For US and Multinational Employers.

For help navigating the legal landscape of COVID-19 vaccines and drafting and implementing Return to Workplace policies that are compliant in each jurisdiction where your company has headcount, please contact your Baker McKenzie employment lawyer.

Author

Susan Eandi is the head of Baker McKenzie's Global Employment and Labor Law practice group for North America, and chair of the California Labor & Employment practice group. She speaks regularly for organizations including ACC, Bloomberg, and M&A Counsel. Susan has been published extensively in various external legal publications in addition to handbooks/magazines published by the Firm. Susan has been recognized as a leader in employment law by The Daily Journal, Legal 500, PLC and is a Chambers ranked attorney.

Author

Robin Samuel is a partner in the Employment Practice Group of Baker McKenzie's Los Angeles office. Robin helps clients manage and resolve local and cross-border employment issues, whether through counseling or litigation. He advises clients on virtually all aspects of the employment relationship, including hiring and firing, wage and hour, discrimination, harassment, contract disputes, restrictive covenants, employee raiding, and trade secret matters. Clients trust Robin to handle their most sensitive and complex employment issues.

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