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Triad legal expert breaks down President Biden's new nationwide vaccine rules

President Biden announced more people will be required to get vaccinated. It's part of a series of new nationwide pandemic protocols.

GREENSBORO, N.C. — President Joe Biden announced Thursday more people will be required to get the COVID-19 vaccine. 

It's part of a series of new nationwide pandemic protocols that will also make testing and treatment more widely available. 

Private companies with more than 100 workers must require their workers to get vaccinated or test for the virus weekly. The president said this will affect more than 80 million workers. 

RELATED: Biden announces new vaccine mandates affecting 100 million Americans

Some companies like Tyson Foods, United Airlines, and Disney have already mandated this for their employees. Companies will also be required to give paid time off to allow for employees to get vaccinated.

"No one should lose pay in order to get vaccinated or take a loved one to get vaccinated. Today in total, the vaccine requirement in my plan will affect about 100 million Americans," Biden said.

Federal workers will also be required to get the vaccine. The president said that will apply to all executive branch employees and federal contractors.

The Biden Administration is also pledging that tests will be cheaper and easier to find, by ramping up at-home test production through the Defense Production Act.

Walmart, Amazon, and Kroger will start selling those at-home kits at cost for the next three months. Many businesses also have free on-site testing. The government will also increase spending to buy tests for places like schools.

RELATED: Your employer says you have to get vaccinated | What are your rights?

"We are committing two billion dollars to purchase nearly 300 million rapid tests for distribution to community health centers, food banks, and schools. So that every American, no matter their income, can access free and convenient tests," Biden said.

Those at-home kits will be available next week. The president did not give a timetable for vaccination requirements for federal workers or private companies.

Is the president's new vaccine plan legal? That’s a question many are asking.

This new mandate will impact more than 80 million workers. President Biden said the new rule will basically be an emergency order from the Department of Labor and OSHA.

One expert said violations could total $14,000. Attorney Nicole Patino said OSHA has issued rules like this before, but she explains whether the president can require companies to do it. 

“He is going to use the Department of Labor and OSHA to enforce those, so they will probably create some rule soon just like they have with the emergency temporary standards both for public sector employees and health care workers to enforce whatever mandate he decides upon," Patino said.

Patino said this can be challenged, but she isn't sure if it will be. The White House didn't say when the rule would take effect, but Patino said they'd have to give workers time to get the shot.

“They are going to have to give time for compliance, especially with the vaccines they are requiring a certain amount of time for you to have,” Patino said. “You have the two-shot vaccine to become vaccinated or fully vaccinated, according to whichever vaccine you get, so there will have to be some time period before it goes into place and can be enforceable against the employer."

The president mentioned several large companies that already require the vaccine, including Tyson Foods, which has a plant in Wilkesboro. Last month, the company announced employees must be vaccinated by November 1. 

RELATED: 'This is the right time to take the next step' | Tyson Foods to require COVID-19 vaccine for employees

After Biden mentioned Tyson Thursday, the company issued a statement saying the following:

“We believe that getting vaccinated is the single most effective thing our team members can do to protect themselves, their families, and the communities where we operate. We continue to provide our U.S. workers with free, on-site access to COVID-19 vaccinations. We are also giving $200 as a thank you to fully vaccinated frontline team members, in addition to more than $6 million in sweepstakes to incentivize vaccinations. We're also conducting an extensive outreach campaign to educate and inform team members about the COVID-19 vaccinations. These efforts are working. Today, more than 90,000 (or more than 75%) of our U.S. team members have received at least one dose of a COVID-19 vaccine. Over 30,000 team members have been vaccinated since the company announced its requirement in early August."

   

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