The federal government recently issued guidance to agencies on implementing the White House Covid-19 vaccination mandate for federal workers and contractors, but many covered employees are still confused about the details.

The mandate covers federal employees and contractors but additionally covers private-sector employers (restaurants) that employ at least 100 employees.

As of my writing of this article today, there has been no guidance on how to determine if you have 100 employees.  The rules for ACA and ERT and other government rules typically include combining common ownership in the employee count.  So, if you own more than 1 location, all locations may have to be combined.

Yet the rules vary slightly, and no specifics have been issued for this mandate.

The safest route for restaurants per employment law attorneys is to have written rules in place in your establishment addressing: 

• Will you require your employees to be vaccinated?
• Will you require proof of vaccination?
• Will you require periodic testing of employees?
• What type of testing will be required?
• What if an employee refuses to comply?