Chance of holding up in court, 50% is my guess. Roberts is a no, so at most it’s 5-4. >"**Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy**, unless they adopt a policy requiring employees to choose either to get vaccinated or to undergo regular COVID-19 testing and wear a face covering at work. So with exemptions you’d just mask? You can’t have a mask mandate without exemptions as most colleges found out. >Some employees would qualify for an exemption under federal law. I wonder what big donors those will be. >**“After all, making the fallback route of weekly testing a financial burden for the employee would encourage more folks to take the vaccination pathway. The administration in the process would tamp down business opposition by delivering on a key industry ask -- relief from being forced to shoulder those costs** >--**while giving employers the option of absorbing testing costs if they fear losing workers,” the outlet reported.** Pay to keep your employees since nobody else is willing to work anymore, that’s so nice of them. I love how our employees think of big businesses instead of us. I love our overlords. >Jordan Barab, a former OHSA official, said the Biden White House most likely pushed for the provision, which he called a “really bad precedent.” >**“OSHA’s always had a firm policy that employers pay for all required tests and equipment,” Barab said, noting the possible exception of work boots**. “This would be totally unprecedented and therefore set a bad standard for future OSHA requirements.” Most larger companies usually give a yearly allowance for work boots or non-slip shoes.

[Details on the rule haven't even been published yet.](https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=&RIN=1218-AD42)