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One to Keep An Eye On: SB 739 (Arkansas)

 

As with many labor & employment law related cases (& bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


On October 7th, SB 739 was delivered to the desk of Arkansas Republican Governor Asa Hutchinson for signature or veto.  This legislation would require employers in the state allow workers the option to opt out of getting the coronavirus vaccine.  The legislation would also allow a testing exemption to the federal requirement of getting vaccinated.  (The current federal requirement that workers be vaccinated does not provide for a testing exemption.)

Readers might recall a federal mandate that all federal workers get the vaccine.  President Joe Biden also recently indicated he was instructing the Labor Department to prepare a policy that would require large employers to require their employees get the vaccine as well.  (Although that policy has not yet gone into place and there is already questions over the legality of that proposal.  Granted, that is a discussion for another post.)  SB 739 provides that employees would have the option of weekly testing or providing proof of coronavirus antibodies rather than being required to take the vaccine.

While both the Arkansas House and Senate approved this legislation, it is not yet clear if Governor Hutchinson will sign it into law.  In prior statements, Governor Hutchinson has expressed hesitancy on the grounds that he did not want to interfere in the employment relationship (something he has suggested this legislation does.)  Does that mean this legislation is DOA?  Maybe.  Maybe not.  Even if the Governor vetoes it, is is possible the Arkansas General Assembly, which has majority control by Republicans, could find the votes to override the veto.  Stay tuned.


For additional information:  https://www.arkleg.state.ar.us/Bills/Detail?id=Sb739&ddBienniumSession=2021%2F2021R&Search=

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