According to experts, last week’s Supreme Court ruling renewed how companies can keep workers safe from Covid-19 by stopping efforts by the Biden administration to involve large employers in vaccination campaigns. He said it would cause a wave of uncertainty.
With 9,000 US coffee shops and 200,000 workers, Starbucks has become one of the first major retailers to turn back its vaccine program since its ruling.
Starbucks told employees in a Tuesday memo that they would no longer have to undergo a full vaccination or a weekly coronavirus test. Just two weeks ago, the company elaborated on the requirements and set a deadline of February 9.
The Supreme Court ruling did not prohibit businesses from maintaining vaccine rules. Due to the large number of cases of Covid in particular, many companies continue to deploy strict Covid-19 safety protocols.
Starbucks’ move to postpone the deadline for vaccines or tests highlights how the court’s ruling made employers responsible for determining vaccination rules. Companies are also facing patchwork of federal, state and local legislation. This ranges from stricter vaccine obligations than the federal government to laws prohibiting businesses from requiring workers to wear masks.
“For most employers, it has proven to be a day-to-day crisis, because the rules change when they think they know the answer,” said Farrell Fritz, a labor employment lawyer. Domenique Camacho Moran said.
Retailers and their supporters say that when millions of unemployed Americans continue to be on the sidelines of the employment market, they will exacerbate their struggle to hire or retain workers. He was one of the loudest critics of the government’s vaccine regulations.
Some labor lawyers say they believe that other companies will ease or revoke their obligations in accordance with Starbucks.
Brett Coburn, a lawyer at Alston & Bird, said:
At the request of President Biden, the Occupational Safety and Health Administration issued a so-called emergency temporary standard in November. We instructed companies with more than 100 workers to require their employees to be vaccinated or tested weekly.
Starbucks Chief Operating Officer John Culver said in a note on Tuesday that more than 90% of Starbucks workers in the United States disclosed vaccination status and the “majority” was fully vaccinated in the company’s plans. He said he announced the change.
“We want to emphasize that we continue to strongly believe in the spirit and intent of mandates,” Culver wrote.
The company’s move is in the face of growing efforts to unite its employees. Two weeks ago, employees at a union store in the Buffalo area went out in protest of what they said was dangerous working conditions. Some were disappointed to see the vaccination rules abolished.
Starbucks Workers United, a union representing two stores in the Buffalo region, complained that the decision was made without comment.
“Starbucks has overturned its vaccination obligations without discussing the issue or negotiating with its partners,” the union said in a statement.
Starbucks argued that the vaccination requirement was introduced only for federal standards, and the Supreme Court blocked it.
“It wasn’t our own independent policy,” said company spokesman Reggie Borges. “I knew that OSHA was requesting it. The Supreme Court hadn’t ruled it in any way. I needed to make sure my partners were supported and ready to comply. did.”
Some major employers, including Wal-Mart and Amazon, have postponed the issuance of a wide range of vaccine requirements while OSHA rules were involved in proceedings. Other airlines, including United Airlines and Tyson Foods, have created their own rules. A November survey of 543 companies by consulting firm Willis Towers Watson found that 57% needed or will need the Covid vaccine.
“It’s pretty much a company in America,” said Amanda Sonneborn, a partner at law firm King & Spalding. “There are those who have chosen to carry out their missions, those who have followed government missions, and those who have challenged them.”
According to Sonneborn, companies considering vaccine requirements have addressed a variety of factors, including labor shortages, political awareness of obligations, and the need to keep workers safe.
Starbucks said this month that workers must disclose vaccination status by January 10.
“It made me feel a little better to work with vaccinated people,” said Kyli Hilaire, 20, a barista who went on strike at a union store over safety concerns. I did.
“You don’t have many opportunities to meet people every day, work closely with them, and stay away from them,” Hiller said. “The number of customers entering the space makes you cautious. You’re trying to wear a double mask, but it can be difficult to breathe.” Starbucks “highly recommends” customers to wear facial covers at the store. And request them where required by local law.
Starbucks also announced various new Covid-19 safety protocols on Tuesday. Currently, workers are required to wear three layers of medical grade masks, which are available in stores, the company says. Quarantine guidelines have been extended to all exposed to Covid-19, even if they are fully vaccinated.
The company continues to encourage employees to get vaccines and boosters and offers two hours of paid leave to take shots.
