NYS Employee Mandatory Testing for Unvaccinated

spat

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MikeyCNY said:
Everyone's heard about the healthcare workers getting mandated for COVID19 Vaccination (and fighting it in courts), but state employees that are part of the Executive Branch (of which I'm a part of, as an employee of Dept of Corrections & Community Supervision) were told they had until the end of September to be vaccinated or be subject to weekly testing.

We got the e-mail/announcement this past Tuesday (10/12), saying our first COVID test was due in 7 days (10/19). Further information on how to do the testing was "forthcoming". Well they send that information yesterday in the last few minutes of the work day.

Basically: They have contracts with testing facilities in every county in NYS (Quest Diagnostics for my area); you can test in person (but they're only open Mon-Fri, 6am-2pm and closed an hour for lunch) OR have a test kit sent to your house and you mail it back. All testing is no charge however you won't be reimbursed for doing any testing/submission outside of work.

I made the account this morning and requested the at-home test kit, and the site said it would arrive in 3-5 business days. I would then return my cat's sample with prepaid packaging, wait an estimated 24+ hours for it to arrive at lab, another 24 hours for testing and they e-mail me the results. Then I need to submit that to a state-run website which I'm sure is highly secure. Somehow I don't think I'm making the 10/19 deadline, heh...

@Darth you still with the state? Anyone else?
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LOL.

If you do get Covid, by the time that testing comes back you'll be over it.

"The testing indicated you were covid positive 2 weeks ago"

"Yea, I know, I was sick as a dog for 3 days, but I'm feeling all better now."

"Well, now that you're over it, you'll have to stay home for 2 weeks until the clean test results come back".


It makes as much sense as the colleges sending people to disinfect a dorm room that's been
vacant for months, to kill a virus that has a lifespan outside the body measured in hours.
 
OwnTheRide

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Biden put out an EO requiring all federal contractor employees to be vaccinated by Dec 8th - even telework employees that work at home 100% of the time. Or, more specifically, saying that the government will not do business with any contractor that has not ensured their workforce is 100% vaccinated.

This is not quite the direct mandate, but they are inching ever-so-much-closer to it. Clearly, they know that such a mandate is unconstitutional, and they expect actions like this to be overturned as well... but long after the damage is already done.
 
MikeyCNY

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My first COVID test result is due by End of Business today - I haven't even gotten my test kit in the mail yet. They just us the information we needed last Thursday. My supervisor is aware that I'm doing everything in my power short of showing up in person to a testing site (which they don't recommend you doing).
 
Darth

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Defilade said:
Home test kit? How the hell does that work? On the honor system that it is you taking the test??
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Correct.
MikeyCNY said:
My first COVID test result is due by End of Business today - I haven't even gotten my test kit in the mail yet. They just us the information we needed last Thursday. My supervisor is aware that I'm doing everything in my power short of showing up in person to a testing site (which they don't recommend you doing).
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Same. Mine just shipped today! :ROFL:

I wonder why some are vax mandated and some just test mandated. Could it be they don't want the numbers in the larger departments to band together and challenge it? They will do it piece by piece? Hmm...
 
Acer-m14

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this might be coming to where i work i just heard .. the company is waiting for OSHA too ..

we have 4 truck mechanics ( semi tractor trailers ) .. only one has the vax ..

i know 1 maybe 2 will get fired .. will not comply ..

the one vaxed he may even stand with them and just quit ..

and i just heard if you don't vax and go with testing the employee would have to pay for it .. no fucking way .,. the company is requiring it .. they have to pay for it ..

or again .. I'm swabbing my ass or the neighbors dog or cat LOL ..
 
spat

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Acer-m14 said:
this might be coming to where i work i just heard .. the company is waiting for OSHA too ..

we have 4 truck mechanics ( semi tractor trailers ) .. only one has the vax ..

i know 1 maybe 2 will get fired .. will not comply ..

the one vaxed he may even stand with them and just quit ..

and i just heard if you don't vax and go with testing the employee would have to pay for it .. no fucking way .,. the company is requiring it .. they have to pay for it ..

or again .. I'm swabbing my ass or the neighbors dog or cat LOL ..
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Wonder if they have any criteria for *what* the test has to be ?

I'll start a business where everyone mails me a q-tip in a ziplock and I'll run it through my pool chlorine tester. As long as you're not overchlorinated I'll give you a pass...

Probably as accurate as the PCR anyway.
 
MikeyCNY

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So.... I never received my test from last week. On Wednesday (10/21) I requested another testing kit for week #2 and had a tracking # within a few hours. I'm guessing their site (Quest Diagnostics) was so overwhelmed last Thursday and Friday that it was just "lost". My Quest account doesn't list tests that have been requested, only test results (of which I have none).
 
Grimscale

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spat said:
Probably as accurate as the PCR anyway.
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Again... what "test" are they doing?

PCR is supposedly going away at the end of the year. By their own admission it was totally useless, yet makes up the majority of the "statistics" they like to throw around to justify their tyranny.

So how are they "testing" people? And how are those "tests" supposed to be accurate when they don't monitor how the person is performing it?
 
Blimey

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Darth said:
Correct.

Same. Mine just shipped today! :ROFL:

I wonder why some are vax mandated and some just test mandated. Could it be they don't want the numbers in the larger departments to band together and challenge it? They will do it piece by piece? Hmm...
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This is interesting and may provide an answer. An employer may not want to pay for the regular time spent testing so just decides to have employee get vax instead.

www.laboremploymentreport.com

Do Employers Have to Pay For COVID-19 Testing Time?

As many employers implement a COVID-19 vaccination-or-weekly-testing mandate (soon to be required of all employers with 100+ employees, as we discussed
www.laboremploymentreport.com
 
Acer-m14

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Blimey said:
This is interesting and may provide an answer. An employer may not want to pay for the regular time spent testing so just decides to have employee get vax instead.

www.laboremploymentreport.com

Do Employers Have to Pay For COVID-19 Testing Time?

As many employers implement a COVID-19 vaccination-or-weekly-testing mandate (soon to be required of all employers with 100+ employees, as we discussed
www.laboremploymentreport.com
Click to expand...

but its my body getting tested .. why do they get set the pay rate .. i was not hired as a lab rat ...
 
Saltwater60

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Acer-m14 said:
this might be coming to where i work i just heard .. the company is waiting for OSHA too ..

we have 4 truck mechanics ( semi tractor trailers ) .. only one has the vax ..

i know 1 maybe 2 will get fired .. will not comply ..

the one vaxed he may even stand with them and just quit ..

and i just heard if you don't vax and go with testing the employee would have to pay for it .. no fucking way .,. the company is requiring it .. they have to pay for it ..

or again .. I'm swabbing my ass or the neighbors dog or cat LOL ..
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Biden said they don’t have to pay for it and can pass it onto the employee. I’m not saying I agree or the fucker has the power to do that, but that’s why your employer is saying this.
 
Defilade

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So did you all get "Informed Consent" on this medical procedure (Testing) they are mandating? Risks/Benefits/Side effects? Or did we agree to just shove anything up your nose. It's clearly on the FDA site how these test are ineffective for diagnosis of this virus. Anyone ask their employer as to why they mandate a test that's licence has been pulled? Idk, call me crazy..
 
Darth

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Defilade said:
So did you all get "Informed Consent" on this medical procedure (Testing) they are mandating? Risks/Benefits/Side effects? Or did we agree to just shove anything up your nose. It's clearly on the FDA site how these test are ineffective for diagnosis of this virus. Anyone ask their employer as to why they mandate a test that's licence has been pulled? Idk, call me crazy..
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Our unions are fighting for us.

And by "fighting for us" I mean doing less than the NRA does for gun owners.

For example: a few weeks ago there was a "town hall phone call." They "answered common questions." One question was "How can this be mandated if it is for emergency use only?" Answer: "As far as we are aware, these tests are fully FDA approved." I open up mine when it gets here. Huge sticker front and center. "Approved for emergency use only!"

Phenomenal. :)
 
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Ultimately, the act of compliance rests with you. There is no emergency that compels me to be tested, period. Its an unlawful request


the Supreme Court:

The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail.
This is succinctly stated as follows:

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed.
Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it . . .
A void act cannot be legally consistent with a valid one.

An unconstitutional law cannot operate to supersede any existing valid law.
Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
— Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256)

Govonors and presidents dont make the fucking law.
 
Saltwater60

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holdover said:
Ultimately, the act of compliance rests with you. There is no emergency that compels me to be tested, period. Its an unlawful request


the Supreme Court:

The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail.
This is succinctly stated as follows:

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.

An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed.
Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it . . .
A void act cannot be legally consistent with a valid one.

An unconstitutional law cannot operate to supersede any existing valid law.
Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
— Sixteenth American Jurisprudence, Second Edition, Section 177. (late 2nd Ed. Section 256)

Govonors and presidents dont make the fucking law.
Click to expand...
You’re correct that Governors and presidents don’t make law, but you should see how many are pushing for Biden to just do as he pleases on Twitter. Yes they brought back democracy.
 
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