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Vaccine Mandates Present a Unique Test for Employers

October 29, 2021

A New Kind of Challenge

The COVID-19 pandemic has tested area employers in every way imaginable. And soon, it will test many in a way that probably couldn’t have been imagined even a few months ago — vaccine mandates put in place by the Biden administration and set to take effect probably before the end of the year. The mandates are prompting lawsuits, generating questions that are often hard to answer, and creating high levels of anxiety for employers who are already dealing with a host of problems, especially an ongoing workforce crisis.


Amy Royal says she’s seen all manner of new regulations — state, federal, and local — that employers and their HR departments must contend with as they carry out business day to day.

But she speaks for all employment-law specialists — and those HR professionals as well — when she says she’s never seen anything quite like the COVID-19 vaccine mandates either already in effect or soon to be.


The mandates are far-reaching in their impact, in terms of everything from the number of businesses affected to the costs they will have to absorb to the very real possibility of losing more valued employees, said Royal, a principal with the Indian Orchard-based Royal Law Firm, which specializes in employment law, specifically representing employers. She summed up the measures and their bearing on employers with a single word. “It’s exhausting for companies.”


That would be an understatement.


Already, vaccine mandates enacted by states, individual cities and towns, healthcare providers, and private companies are resulting in thousands of people being fired or simply walking off the job. That list includes the football coach and several assistants at Washington State University, more than 100 state troopers in Massachusetts, police officers in countless communities, and a wide range of healthcare workers, especially nurses.


The recent developments raise questions on everything from just how safe many cities now are to which games NBA star Kyrie Irving can actually play in — none at his home court in Brooklyn, for starters.


And the next shoe — a rather large one — is set to drop in this unfolding drama. That would be the Biden administration’s vaccine and testing mandates, the ones affecting companies of more than 100 employees, any business with federal contracts, and federal employees — mandates the administration estimates will impact more than 80 million workers.


Royal and other employment-law specialists we spoke with said there are far more businesses in the 413 in those categories than most people would think, and all of them are, or should be, working diligently to prepare for these mandates — which will take effect soon, although exactly when is a question.


Click here to read the full article published by BusinessWest.


Please contact the attorneys at The Royal Law Firm if you have any questions about vaccine mandates, or any other employment law topics at 413-586-2288.

February 19, 2025
The Massachusetts Superior Court found that Massachusetts’ wiretap statue does not bar employers from using allegedly illegally obtained recordings in civil proceedings. In a recent case, an employee claimed she was forced to resign. Plaintiff’s coworker recorded an argument between the Plaintiff and her supervisor without her consent and shared it with supervisors. The employee then sued for discrimination and retaliation, along with two counts for violation of the wiretap statute. Massachusetts is a two-party consent state but, in this case, it was found that the consent of only one party was needed because nothing in the Wiretap Statute bars the use of an allegedly illegally obtained communication in a civil proceeding. The court found that the provisions about the use of illegally obtained communications in evidence are limited to criminal trials. However, depending on the court, results may differ, as this recording was central to proving and/or disproving the Plaintiff’s claim, and as such, the recording was indispensable as a piece of evidence. Issues with unauthorized recordings have been arising all the time in civil proceedings because recording devices are everywhere, whether they be a cell phone, laptop or other recording device. This ruling is good for employers, as if there is an otherwise inadmissible recording that is made that disproves an employee’s claims, it can be admissible as evidence if meets the same scenario above. However, employers must be careful to use these recordings as they may be inadmissible and may not show the same thing that the employer believes in the court’s eyes. This being said, it is prudent to consult an attorney before utilizing a recording for any employment action or in legal action to avoid unwanted consequences. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
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