New Florida laws could put companies in difficult position if federal vaccine mandates hold - Yahoo News

Republican state lawmakers have said the idea behind the new laws against COVID-19 vaccine mandates passed this week is to protect people's rights to choose their own health care options.

But the new laws could put many business owners in a tough spot.

Companies with either 100 or more employees could soon face stiff federal penalties if they don't follow rules issued by the federal Occupational Health and Safety Administration that require employees to be vaccinated or test regularly. Health care employers such as hospitals who are covered by a more strict mandate from the Centers for Medicare and Medicaid Services are in the same boat.

At the same time, those same employers will now be subject to penalties by Florida officials for violating the new state statutes that bar vaccine or test mandates by employers unless they provide specific exemptions, some of which are not allowed in the federal rules.

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Florida plans to fine companies with 100 and more employees up to $50,000 per violation of the new statutes. OSHA fines can range from $13,653 to $136,532 per violation. Those covered by CMS rules can be subject to not only monetary penalties, but possible loss of government contracts under Medicare and Medicaid.

State lawmakers appear to be relying on federal courts to toss out the mandates to prevent situations where federal regulations and state law would result in a conflict.

As of Friday morning, federal courts have maintained a block on OSHA from enforcing its vaccine mandate.

Courts have yet to block a similar federal mandate for companies that participate in the Medicaid or Medicare programs, although Gov. Ron DeSantis filed a lawsuit against that CMS mandate on Friday morning.

Jennifer Fowler-Hermes, a board-certified employment lawyer at Sarasota's William Parker law firm, has been advising clients on the federal rules and the new state laws.

source: https://news.yahoo.com/florida-laws-could-put-companies-120108986.html

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