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medialawmonitor
how, and for which positions
4. Is a mandatory vaccination policy
businesses in some industries are
production companies can mandate
prohibited in any jurisdiction in
legally obligated to ensure that only
vaccination for cast and crew. For
which your business operates or
fully vaccinated individuals enter
example, the Agreement permits
employs people?
the premises. If no legal obligation
production companies to mandate vaccination for individuals who work in “Zone A.” Employers with unionized workforces need to consider potential bargaining obligations when implementing mandatory vaccine policies
Some state and local governments have implemented—or are planning to implement—laws that prohibit businesses from requiring their workers to be vaccinated against COVID-19. Employers should contact legal counsel to understand the applicable laws for any jurisdiction
Additionally, some networks/
where they have employees or
distributors are now requiring
are operating. This includes every
production companies to mandate
location in which a production is
vaccination for either all cast and
filming. Businesses covered by
crew or cast and crew in certain
both the federal COVID-19 vaccine
“zones” on set, even for non-guild
mandate and a state or local law that
productions. Production companies
prohibits such a mandate should
should consult with the applicable
consult an attorney for specific
networks/distributors to confirm
guidance due to the complex issue
compliance with internal and
of which law controls.
contractual requirements. 3. Is your business producing any
5. May an employer issue a vaccine mandate for those in certain positions
live events that are subjected to
rather than its entire workforce?
federal, state, or local vaccine
Employers who are not required
requirements for performers, attendees, and others? Some jurisdictions have implemented COVID-19 safety regulations for large events and “mega events,” both indoor and outdoor. Many of these regulations include vaccination requirements for performers, audience members, and others. For example, in Los Angeles County, all attendees at both indoor and outdoor mega events must show proof of full
by law to mandate COVID-19 vaccinations for all employees may elect to require vaccines for certain groups of employees. For example, it may be more clearly in the interest of public health to require vaccination for Zone A cast and crew but not necessary for individuals who work entirely remotely or who work alone in their own offices with no interaction with others (e.g., post-production). 6. May employers require
or prohibition applies, employers may elect to require that contractors and others who enter its premises are fully vaccinated. Employers should consider whether such a vaccination policy would serve its goals, be administratively feasible, and be in the interest of public health. If an employer decides to mandate vaccination to individuals other than its own employees, the employer should ensure that it has the administrative resources and processes in place to execute the policy in an efficient, practicable, and lawful manner. 7. Must employers ask individuals to provide proof of vaccination when vaccination is mandated by law? If so, what type of proof is both sufficient and permissible under applicable laws? Laws that mandate vaccines often specify the level of proof required. Depending on the applicable law, businesses may permit individuals to “self-attest” that they are fully vaccinated, or businesses may need to ask for documentary proof of vaccination. Some states, such as California, specify what types of documentary proof of vaccination are necessary to comply with state mandatory vaccination law. In most jurisdictions, employers who voluntarily implement vaccine mandates may elect what type
vaccination against COVID-19 or a
independent contractors,
pre-entry (diagnostic) test result
subcontractors, and any others on-
prior to entry. Additionally, at indoor
site to be fully vaccinated?
policies. For guild productions,
events in Los Angeles, performers
Employers should consult with legal
Return-to-Work Agreement to
may only remove their face coverings to perform if they are fully vaccinated or tested for COVID-19 at least twice per week. Companies
counsel to determine whether any applicable federal, state, or local laws either require or prohibit them
of proof is sufficient under their companies should consult the confirm compliance. 8. Must the employer issue medical
from applying a vaccine mandate
privacy authorization forms to
with questions about applicable
to anyone other than their own
individuals before collecting any
requirements for live events should
employees. In some localities, such
information about individuals’
contact legal counsel.
as San Francisco and Los Angeles,
vaccination status?
