--- title: Biden Announces Vaccine Mandate; Affects 80M Private-Sector Employees description: President Biden announced a new vaccine mandate and testing requirement for private-sector businesses with 100 or more employees. 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Affects 80M Private-Sector Employees 6:59 # Biden Announces Vaccine Mandate; Affects 80M Private-Sector Employees By [Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/author/jeanette-coleman) on [Sep 13, 2021](https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees) 5 min read [0 comment(s)](https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees#comments-listing) Share this: - - - - [whatsapp://send?text=https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees](whatsapp://send?text=https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees) - [mailto:?subject=Biden%20Announces%20Vaccine%20Mandate;%20Affects%2080M%20Private-Sector%20Employees&body=https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees](mailto:?subject=Biden%20Announces%20Vaccine%20Mandate;%20Affects%2080M%20Private-Sector%20Employees&body=https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees) ![Biden COVID Vaccine Mandate for Businesses](https://blog.axcethr.com/hs-fs/hubfs/Biden%20COVID%20Vaccine%20Mandate%20for%20Businesses.jpg?width=1200&name=Biden%20COVID%20Vaccine%20Mandate%20for%20Businesses.jpg) On Thursday, September 10, 2021, President Biden announced his new COVID-19 action plan called “Path Out of the Pandemic”. The plan includes a vaccine mandate that would affect almost 100 million Americans, including 80 million private-sector employees. Other American workers impacted by the mandate include health care workers at facilities that receive federal funding, federal contractors and subcontractors, and federal executive branch workers.   Large entertainment venues, including concert halls, sports arenas and theaters, have also been called out by President Biden to screen the vaccine status or proof of negative COVID test of attendees upon entry.  **What is the Vaccine Mandate and How Does It Impact Employers?** At this time, here’s how employers may be impacted by the new plan: **1.  Private-Sector Employers with 100 or More Employees** Private-sector employers with 100 or more employees are required to either (a) mandate employees become fully vaccinated or (b) require employees to submit to weekly COVID testing. Employers are encouraged to reserve the weekly testing option for those employees with medical or religious reasons for not taking the vaccine.  The new vaccine mandate will be implemented and enforced by the Occupational Safety and Health Administration (OSHA) through an emergency temporary standard (ETS). [According to National Law Review](https://www.natlawreview.com/article/osha-to-issue-emergency-temporary-standard-requiring-large-employers-to-mandate), if the ETS is issued, it will be the first mandatory COVID-19 OSHA standard applying to employers outside of the healthcare sector. Expected Timeline: The ETS is expected to be published within weeks and stakeholders will not be provided the opportunity to comment prior to its release. Once published, the ETS will be effective immediately in the 22 states with OSHA direct jurisdiction. Those states will have 30 days to implement their version of the ETS. Also after publication, stakeholders will have the opportunity to comment. These comments will help shape the proposed final rule that will replace the ETS. The final rule is expected 6 months after the publication date of the ETS. ***Employers impacted by the new rule will be required to provide paid time off for employees to get vaccinated and recover from any vaccine side effects.*** [Related: Testing Employees for COVID; What Employers Should Consider >>](https://blog.axcethr.com/covid-testing-considerations-for-employers) **2.  Government Employees and Federal Contractors** The vaccine mandate renews the push for federal government executive branch employees and the employees of federal government contractors and subcontractors to become fully vaccinated and eliminates the weekly testing option. Weekly testing had previously been an option since July.  While religious and disability exemptions are available, the White House has indicated they will be approved on a restricted basis. For those unvaccinated workers who do not qualify for an exemption, [a 75-day “ramp-up” period will begin](https://www.littler.com/publication-press/publication/white-house-announces-vaccine-mandates-employees-large-private?utm_source=vuture&utm_medium=email&utm_campaign=news%20%26%20analysis%20september%202021) in which the workers must become fully vaccinated. “If you want to work with the federal government and do business with us, get vaccinated,” [Biden said](https://www.cnbc.com/2021/09/10/what-you-need-to-know-about-president-joe-bidens-new-vaccine-mandates.html). “If you want to do business with the federal government, vaccinate your workforce.”  Guidance for federal contractors and subcontractors is expected to be issued by the White House’s Safer Federal Workforce Task Force by September 24, 2021. Guidance following Biden’s executive order for federal executive branch workers is expected to be issued within seven days. The federal worker mandate impacts more than 4 million Americans. **3.  Health Care Employers Who Receive Federal Funding** Approximately 17M health care workers at 50,000 hospitals and health care facilities that receive federal funding including Medicare and/or Medicaid are also subject to the new vaccine mandate without the weekly testing option. [![PEO Clients were 60% Less Likely to Permanently Close During the Pandemic](https://no-cache.hubspot.com/cta/default/2652187/129fe7ac-5132-4e4e-9b0c-68121ef349a4.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/129fe7ac-5132-4e4e-9b0c-68121ef349a4) **Consequences for Failure to Comply with the Vaccine Mandate** [According to a new CNBC poll](https://www.cnbc.com/2021/09/10/cnbc-poll-shows-very-little-will-persuade-unvaccinated-americans-to-get-covid-shots.html), of the 29% of U.S. voters who are currently unvaccinated, 83% have indicated they do not plan to get the COVID vaccine. And it seems very little would persuade them otherwise. The survey found 84% of unvaccinated respondents would not change their mind even if the vaccine had zero side effects and 87% would still refuse the vaccine even if their employer mandated the shot.  ***So, what happens when businesses or employees fail to comply with the new vaccine mandate?*** While the new OSHA ETS has not been released yet and could take some time to enforce, CNBC reports that businesses that fail to comply [could face fines of up to $13,600 per violation](https://www.cnbc.com/2021/09/10/what-you-need-to-know-about-president-joe-bidens-new-vaccine-mandates.html). At the individual level, employees who fail to comply could have their employment terminated by their employer or, in the private sector, may voluntarily choose to leave a business with 100 or more employees for a smaller company not legally required to mandate weekly testing or vaccines. It is speculated that some businesses hovering around the 100-employee mark may lay off some workers to avoid the burden of enforcing the new rule. [Related: 7 Tips for Hiring During and After COVID-19 >>](https://blog.axcethr.com/7-tips-for-hiring-during-and-after-covid-19) **Implementation Questions Remain** [When it comes to private-sector employers, questions remain](https://www.gibsondunn.com/president-biden-announces-covid-19-vaccine-mandates-with-legal-challenges-likely-to-follow/) as to how the ETS will address employees who work from home or at remote locations. Additionally, with paid leave under the Families First Coronavirus Response Act expired, it is uncertain how OSHA will enforce the wage payment requirement as wages are generally not regulated by OSHA. Additional questions the ETS should address include: - Who pays for testing? - What are the employer procedures for verifying vaccinations and tests? - What level of vaccination is required under the ETS (i.e., one shot, two shots, booster) and associated waiting periods? **Potential Lawsuits on the Horizon** The new vaccine mandate is unlikely to take effect without a fight. Governors across the country, [including Missouri Governor Mike Parson](https://www.kansascity.com/news/coronavirus/article254132593.html), have spoken out against the constitutionality of the vaccine mandate and testing requirement impacting private-sector businesses. [According to the Kansas City Star](https://www.kansascity.com/news/politics-government/article254135483.html), Kansas and Missouri Attorney Generals Derek Schmidt and Eric Schmitt have all but announced they will challenge the White House initiative. From a special legislative session to a lawsuit, promises of immediate action to protect the rights of individuals and business owners have been made by dissenting government officials.  With the new OSHA rule impacting private-sector employers expected within weeks, we will continue to follow any new developments and report that information as it becomes available. Currently, over 200 million Americans have received at least one shot. [![Human Resource Solutions: You have HR questions. We have HR services.](https://no-cache.hubspot.com/cta/default/2652187/87a64bc7-3a37-4adc-8fa2-838ecde39634.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/87a64bc7-3a37-4adc-8fa2-838ecde39634) [![Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/hs-fs/hubfs/Jeanette-04.jpg?width=80&height=80&name=Jeanette-04.jpg)](https://blog.axcethr.com/author/jeanette-coleman) Written by #### [Jeanette Coleman, SPHR & SHRM-SCP](https://blog.axcethr.com/author/jeanette-coleman) Jeanette Coleman, SPHR, SHRM-SCP, is the Director of Human Resources at Axcet HR Solutions, where she has contributed her expertise for over 21 years. As a leader in the HR industry, she holds advanced certifications as a Senior Professional in Human Resources (SPHR) and SHRM-Senior Certified Professional (SHRM-SCP). Jeanette oversees HR strategy and operations, ensuring Axcet delivers exceptional HR services that help small and mid-sized businesses stay compliant and grow. With a Master’s degree in Human Resource Management from Keller Graduate School and a Bachelor of Science in Business Administration from Kansas State University, Jeanette is well-equipped to lead and support clients in navigating complex HR challenges. Throughout her 15-year tenure as Director of Human Resources, she has been instrumental in positioning Axcet as the Midwest’s largest and premier Professional Employer Organization (PEO). Her previous roles at Axcet include Director of Employee Benefits and Senior HR Consultant, where she gained extensive experience in HR outsourcing, and employee risk management. Jeanette’s expertise has been recognized through industry and regional publications. She co-authored the article “High-Touch in the Age of High-Tech: How PEOs Can Embrace AI Without Losing Their Humanity” (https://peoinsider.org/articles/high-touch-in-the-age-of-high-tech-how-peos-can-embrace-ai-without-losing-their-humanity/) for PEO Insider (March 2026), alongside Jo McClure, and was featured in Ingram’s Magazine in a Q&A (https://ingrams.com/article/qa-with-jeanette-coleman/) discussing generational change, technology, and workplace culture. These contributions reflect her perspective on balancing innovation with the human side of HR. Jeanette’s leadership reflects her deep commitment to helping businesses thrive through strategic, compliance-driven HR solutions. Through her writing, she shares insights on HR strategy, compliance, and best practices to help employers confidently manage their workforce. Published in: PEO Insider and Ingram's Read more [View all posts →](https://blog.axcethr.com/author/jeanette-coleman) ### Get HR Updates ### Table of Contents #### [7 Surprising Ways an EAP Helps with Work-Life Balance ![seven ways an EAP employee assistance program helps with work life balance](https://blog.axcethr.com/hubfs/7%20ways%20an%20EAP%20helps%20with%20work%20life%20balance.jpg)](https://blog.axcethr.com/7-surprising-ways-an-eap-helps-with-work-life-balance) #### [![Kansas City PEO Axcet HR Solutions Human Resources Consultant](https://blog.axcethr.com/hubfs/Laura%20Axcet%20HR%20Solutions%20Human%20Resources%20Consultant.jpg) Make Sure Your Job Offer Letters Include This Information](https://blog.axcethr.com/make-sure-your-job-offer-letters-include-this-information) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jeanette Coleman, SPHR & SHRM-SCP", "url" : "https://blog.axcethr.com/author/jeanette-coleman" }, "dateModified" : "2024-07-12T20:57:01.263Z", "datePublished" : "2021-09-13T14:24:40.000Z", "headline" : "Biden Announces Vaccine Mandate; Affects 80M Private-Sector Employees", "image" : [ "https://blog.axcethr.com/hubfs/Vaccine%20Mandate%20for%20Businesses%20with%20100%20or%20more%20employees.jpg" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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The plan includes a vaccine mandate that would affect almost 100 million Americans, including 80 million private-sector employees. Other American workers impacted by the mandate include health care workers at facilities that receive federal funding, federal contractors and subcontractors, and federal executive branch workers. Large entertainment venues, including concert halls, sports arenas and theaters, have also been called out by President Biden to screen the vaccine status or proof of negative COVID test of attendees upon entry. What is the Vaccine Mandate and How Does It Impact Employers? At this time, here’s how employers may be impacted by the new plan: 1. Private-Sector Employers with 100 or More Employees Private-sector employers with 100 or more employees are required to either (a) mandate employees become fully vaccinated or (b) require employees to submit to weekly COVID testing. Employers are encouraged to reserve the weekly testing option for those employees with medical or religious reasons for not taking the vaccine. The new vaccine mandate will be implemented and enforced by the Occupational Safety and Health Administration (OSHA) through an emergency temporary standard (ETS). According to National Law Review, if the ETS is issued, it will be the first mandatory COVID-19 OSHA standard applying to employers outside of the healthcare sector. Expected Timeline: The ETS is expected to be published within weeks and stakeholders will not be provided the opportunity to comment prior to its release. Once published, the ETS will be effective immediately in the 22 states with OSHA direct jurisdiction. Those states will have 30 days to implement their version of the ETS. Also after publication, stakeholders will have the opportunity to comment. These comments will help shape the proposed final rule that will replace the ETS. The final rule is expected 6 months after the publication date of the ETS. Employers impacted by the new rule will be required to provide paid time off for employees to get vaccinated and recover from any vaccine side effects. Related: Testing Employees for COVID; What Employers Should Consider >> 2. Government Employees and Federal Contractors The vaccine mandate renews the push for federal government executive branch employees and the employees of federal government contractors and subcontractors to become fully vaccinated and eliminates the weekly testing option. Weekly testing had previously been an option since July. While religious and disability exemptions are available, the White House has indicated they will be approved on a restricted basis. For those unvaccinated workers who do not qualify for an exemption, a 75-day “ramp-up” period will begin in which the workers must become fully vaccinated. “If you want to work with the federal government and do business with us, get vaccinated,” Biden said. “If you want to do business with the federal government, vaccinate your workforce.” Guidance for federal contractors and subcontractors is expected to be issued by the White House’s Safer Federal Workforce Task Force by September 24, 2021. Guidance following Biden’s executive order for federal executive branch workers is expected to be issued within seven days. The federal worker mandate impacts more than 4 million Americans. 3. Health Care Employers Who Receive Federal Funding Approximately 17M health care workers at 50,000 hospitals and health care facilities that receive federal funding including Medicare and/or Medicaid are also subject to the new vaccine mandate without the weekly testing option. Consequences for Failure to Comply with the Vaccine Mandate According to a new CNBC poll, of the 29% of U.S. voters who are currently unvaccinated, 83% have indicated they do not plan to get the COVID vaccine. And it seems very little would persuade them otherwise. The survey found 84% of unvaccinated respondents would not change their mind even if the vaccine had zero side effects and 87% would still refuse the vaccine even if their employer mandated the shot. So, what happens when businesses or employees fail to comply with the new vaccine mandate? While the new OSHA ETS has not been released yet and could take some time to enforce, CNBC reports that businesses that fail to comply could face fines of up to $13,600 per violation. At the individual level, employees who fail to comply could have their employment terminated by their employer or, in the private sector, may voluntarily choose to leave a business with 100 or more employees for a smaller company not legally required to mandate weekly testing or vaccines. It is speculated that some businesses hovering around the 100-employee mark may lay off some workers to avoid the burden of enforcing the new rule. Related: 7 Tips for Hiring During and After COVID-19 >> Implementation Questions Remain When it comes to private-sector employers, questions remain as to how the ETS will address employees who work from home or at remote locations. Additionally, with paid leave under the Families First Coronavirus Response Act expired, it is uncertain how OSHA will enforce the wage payment requirement as wages are generally not regulated by OSHA. Additional questions the ETS should address include: Who pays for testing? What are the employer procedures for verifying vaccinations and tests? What level of vaccination is required under the ETS (i.e., one shot, two shots, booster) and associated waiting periods? Potential Lawsuits on the Horizon The new vaccine mandate is unlikely to take effect without a fight. Governors across the country, including Missouri Governor Mike Parson, have spoken out against the constitutionality of the vaccine mandate and testing requirement impacting private-sector businesses. According to the Kansas City Star, Kansas and Missouri Attorney Generals Derek Schmidt and Eric Schmitt have all but announced they will challenge the White House initiative. From a special legislative session to a lawsuit, promises of immediate action to protect the rights of individuals and business owners have been made by dissenting government officials. With the new OSHA rule impacting private-sector employers expected within weeks, we will continue to follow any new developments and report that information as it becomes available. Currently, over 200 million Americans have received at least one shot.", "author" : { "@id" : "https://blog.axcethr.com/author/jeanette-coleman#author", "@type" : "Person", "name" : "Jeanette Coleman, SPHR & SHRM-SCP", "url" : "https://blog.axcethr.com/author/jeanette-coleman" }, "dateCreated" : "2021-09-13", "dateModified" : "2024-07-12", "datePublished" : "2021-09-13", "description" : "On Thursday, September 10, 2021, President Biden announced his new COVID-19 action plan called “Path Out of the Pandemic”. The plan includes a vaccine mandate that would affect almost 100 million Americans, including 80 million private-sector employees. Other American workers impacted by the mandate include health care workers at ...", "editor" : "Jeanette Coleman, SPHR & SHRM-SCP", "genre" : "Human Resources and Employee Management", "headline" : "Biden Announces Vaccine Mandate; Affects 80M Private-Sector Employees", "image" : "https://f.hubspotusercontent30.net/hubfs/2652187/Vaccine%20Mandate%20for%20Businesses%20with%20100%20or%20more%20employees.jpg", "keywords" : "Biden vaccine mandate, can you mandate a vaccine, vaccine mandate for businesses, covid vaccine mandate lawsuit, covid vaccine mandates, vaccine mandate for healthcare workers, vaccine mandate for employees, vaccine mandate for employers", "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees", "@type" : "WebPage" }, "publisher" : { "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hs-fs/hubfs/axcethr_logo_white.png?width=225&name=axcethr_logo_white.png" }, "name" : "Axcet HR Solutions" }, "url" : "https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees", "wordCount" : "6527" } ``` ```json { "@context" : "https://schema.org", "@type" : "BreadcrumbList", "itemListElement" : [ { "@type" : "ListItem", "item" : "https://www.axcethr.com/", "name" : "Home", "position" : 1 }, { "@type" : "ListItem", "item" : "https://insights.axcethr.com/", "name" : "Insights", "position" : 2 }, { "@type" : "ListItem", "item" : "https://insights.axcethr.com/tag/biden-vaccine-mandate", "name" : "Biden vaccine mandate", "position" : 3 }, { "@type" : "ListItem", "item" : "https://blog.axcethr.com/biden-announces-vaccine-mandate-affects-80m-private-sector-employees", "name" : "Biden Announces Vaccine Mandate; Affects 80M Private-Sector Employees", "position" : 4 } ] } ```