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South Carolina Governor Signs Bill 3126 into law to ban Vaccine Mandates

On April 25, 2022, South Carolina Governor Henry McMaster signed into law House Bill 3126, which, among other things, bans state and local governments from imposing COVID-19 vaccine mandates as a condition of employment and provides certain protections for workers subject to private employers’ vaccination requirements.

Below are some points relevant to private employers (broadly defined in the law as “all employers other than state and political subdivisions”).

Unemployment Benefits

If a private employer terminates, suspends, or reduces an employee’s compensation because the employee fails to get a COVID-19 vaccination or booster, the employee is still eligible for unemployment benefits, subject to the usual statutory limits on amounts, duration, and other requirements.

Vaccine Incentives Permitted

Section 6 of the statute explicitly states that the law’s provisions do not prevent employers from encouraging, promoting, or administering vaccinations—or from offering incentives to employees who elect to be vaccinated. This section of the law refers to vaccinations in general terms, and thus this provision does not appear to be limited to COVID-19 vaccinations.

Prohibition on Extension of Vaccine Mandate to Independent Contractors/Third Partiesread More (JDSupra)

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