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State Efforts to Require or Ban Vaccine Mandates Raise Conflicting Legal Issues

October 15, 2021

Via: JD Supra

With OSHA’s Emergency Temporary Standard requiring COVID-19 vaccinations for employers with 100 or more employees to be released shortly, a number of states have begun efforts to counter such mandates, or place additional vaccination requirements on certain employers.

In Texas, Governor Gregg Abbott issued an executive order prohibiting any entity in the state from mandating vaccines. This move immediately prompted questions over its compatibility with federal law. Both the OSHA ETS and recent orders affecting federal contractors are in direct conflict with this state order. Given that federal law supersedes state laws in most circumstances, several large Texas federal contractors announced their intent to disregard the state order. The state order is likely to face immediate legal challenge on federal supremacy and other grounds.

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