CNN is reporting that President Biden will announce an executive order directing the Department of Labor to draft an emergency rule requiring that all businesses with 100 or more employees ensure all of their workers are either Covid vaccinated, or Covid tested once a week. This goes along with another expected executive order requiring all government employees and employees of government contractors to be vaccinated against Covid-19, with no option of opting out through regular testing.
The legality of the last two (federal employees and federal contractor employees) is not in question. President Biden is absolutely within his authority to mandate as to both.
But as to other employers? If someone wants to explain to me how the Department of Labor can mandate Covid vaccinations or testing for employers, I'm all ears. Because unless I totally misunderstand administrative law (and I don't think I do), that type of measure needs to be enacted via a law passed by Congress and signed by the President, and not by executive order.
This is a developing story, which I will update as necessary. Stay tuned.