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May 29, 2025

"Congress Needed for Major Changes to Workplace Vax Rules"

Law 360

Nelson Mullins partner Mitch Boyarksy was quoted in the Law 360 article, “Congress Needed for Major Changes to Workplace Vax Rules”, published on May 27. The article analyzes the legal challenges of the Trump Administration exploring changes to the U.S. Equal Employment Opportunity Commission’s stance on workplace vaccine mandates. The issue comes after a recent media interview with Harmeet K. Dhillon, head of the U.S. Department of Justice’s civil rights division, who indicated she supports a policy change.      

"Agency rulemaking would probably be the avenue if the EEOC were to follow Dhillon's pronouncement," said management-side attorney Mitch Boyarsky, a partner at Nelson Mullins and co-chair of the firm's employment and labor practice group. "But in this day and age, agency rulemaking has less weight given Supreme Court precedent on this issue. The only way it becomes real, enforceable law is if Congress or state legislators were to enact it."

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