U.S. Department of Labor to Mandate Vaccination or Weekly Testing

This update is part of Pavia & Harcourt LLP’s effort to inform clients and colleagues of new laws and regulations issued in response to the COVID-19 pandemic. Due to the extremely fast-paced changes taking place at the federal, state and local levels, please consult with counsel before taking any action related to the subject of this alert so that all up-to-date information can be considered.

On September 9, President Biden announced that he has directed the U.S. Department of Labor to
issue a rule mandating that all businesses with 100 or more employees require their employees either
to get vaccinated against COVID-19 or submit to weekly testing. Businesses that fail to comply
could face fines of up to $14,000 per violation.

The specifics of the rule, including when it will take effect and how it will be enforced, have not yet
been announced. However, companies with more than 100 employees should begin to consider how
they will comply. In addition, smaller employers may choose to adopt policies that are consistent
with the Department of Labor rules, even though they are not required to do so.

We are available to assist in understanding and complying with these and other legal developments
related to COVID-19 in the workplace.

Contacting Pavia & Harcourt LLP

Questions regarding matters discussed in this publication or any other Labor & Employment
matters may be directed to Adam D. Mitzner at amitzner@pavialaw.com or Brandon C. Sherman at
bsherman@pavialaw.com.

About Pavia & Harcourt LLP

Established in 1951, Pavia & Harcourt LLP is a business law firm concentrating in international
commercial and corporate transactions, banking, media and entertainment, real estate, litigation and
arbitration, intellectual property, estate planning and administration, and matrimonial law. We are
based in New York City.

This publication by Pavia & Harcourt LLP is for information purposes only. It does not constitute legal or other professional advice or opinions on specific facts or matters, nor does its distribution establish an attorney-client relationship. This material may constitute Attorney Advertising as defined by the New York Court Rules. As required by New York law, we hereby advise you that prior results do not guarantee a similar outcome.