Delta’s Fee on Unvaccinated Workers Navigates Across These Laws

Employers must juggle many requirements under health and workplace laws if they plan to follow Delta Air Lines Inc. in levying a $200 monthly health premium surcharge on every employee who isn’t vaccinated against Covid-19.

Stopping short of mandating vaccines, Delta’s fee applies to employees in the airline’s health-care plan who haven’t received shots by Nov. 1. Employees who aren’t vaccinated by mid-September also will get tested weekly. So far, the policy appears to be working: The company’s chief legal officer reports “a five-fold increase” in the number of workers getting inoculated after the policy was announced.

Imposing that type ...