Cal/OSHA revised its Emergency Temporary Standards (“ETS”) following its mid-December meeting and, more recently, made additional revisions to align with the California Department of Public Health’s recommendations. We...more
UPDATE: The U.S. Supreme Court held a special hearing on January 7, 2022, and is expected to rule soon on whether OSHA may proceed with its Emergency Temporary Standard for large employers. The Court is also considering...more
UPDATE: Following its original announcement, the CDC further updated its guidance to apply the 5 day quarantine rule to those who are asymptomatic but now also to those whose symptoms are resolving (without fever for 24...more
UPDATE: Following its original announcement, the CDC further updated its guidance to apply the 5 day quarantine rule to those who are asymptomatic but now also to those whose symptoms are resolving (without fever for 24...more
The CDC announced changes on December 27, 2021 to its isolation and quarantine period recommendations for those who test positive or are exposed to COVID-19. Our guidance for the workplace follows.
Updated CDC Guidance...more
12/29/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Enforcement ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Public Health ,
Quarantine ,
SCOTUS ,
Sick Employees ,
Virus Testing ,
Workplace Safety
UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more
11/30/2021
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Health and Safety ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Federal Occupational Health and Safety Administration (OSHA) has released its long-awaited Emergency Temporary Standard (ETS) pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Mandatory workplace COVID-19 vaccination is becoming an accepted and necessary measure to protect employee health and safety. Given the importance of the employee stakeholder to the corporate mission, and the board's...more
CDC’s updated guidance suggesting facial coverings be worn in “public indoor settings” adds a new but hopefully surmountable barrier to returning the workforce to the office (though undefined, we presume this means any indoor...more
In this video, Mintz Employment Member, Jen Rubin, discusses a few important issues employers need to know with respect to vaccination programs....more
Cal/OSHA has approved revised Emergency Temporary Standards (ETS) and Governor Newsom has issued an executive order waiving the usual 10-day legal review and approval process by the Office of Administrative Law (OAL). This...more
Once an employer has committed to returning its workforce in some form or fashion to the physical workplace, what are some best practices relating to that process? In this video, Mintz Employment Member, Jen Rubin, discusses...more
Now that widespread vaccination appears to be slowing the pandemic, and in light of the CDC’s guidance regarding measures fully vaccinated individuals can take, returning to the office has become a priority for employers...more
Cal/OSHA has relaxed some of its COVID-19 Prevention Emergency Temporary Standards (ETS) for fully vaccinated individuals to better align with the California’s June 15, 2021 goal to end most mask and physical distancing...more
The CDC’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing, has created significant confusion for employers navigating...more
On May 13, 2021, the Centers for Disease Control and Prevention (the “CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor...more
The EEOC has updated its guidance regarding mandatory vaccination in the workplace and has outlined the permissible scope of a mandatory vaccination program. While the guidance has neither the force nor application of a...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Title VII ,
Undue Hardship ,
Vaccinations
The deployment of a safe, effective vaccine for COVID-19 is eagerly anticipated to combat the pandemic. It may be a mistake, however, for employers to assume the vaccine will create a COVID-19-safe working environment that...more
12/9/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
California employers are now subject to three new COVID-19 related reporting obligations when there is a COVID-19 positive employee or employees in their workplaces, including: reporting to their (1) workers’ compensation...more
The reopening of schools during the COVID-19 pandemic continues to present challenges for working parents and the businesses that employ them. The mix of virtual and live classroom curricula are as varied and complex as the...more
The discovery, testing and mass deployment of a COVID-19 vaccine are welcome developments in potentially ending the Coronavirus pandemic. A safe and widely available vaccine will also allow employees to return to the physical...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Infectious Diseases ,
Popular ,
Public Health ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Companies planning to conduct pandemic-related temperature checks for California employees and visitors to their premises should consider their compliance obligations under the California Consumer Privacy Act (“the CCPA”). If...more
The rapid onset of the coronavirus crisis stripped many employers of the opportunity to prepare an orderly retreat from the physical workplace. Following the government-imposed stay-in-place orders, employers shifted their...more
The rapid onset of the coronavirus crisis stripped many employers of the opportunity to prepare an orderly retreat from the physical workplace. Following the government-imposed stay-in-place orders, employers shifted their...more
One important question the Families First Coronavirus Response Act (“FFCRA”) and other recent legislative changes raise for employers is how to track and account for employee leaves. While most employers already have systems...more
4/9/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Payroll Records ,
Payroll Taxes ,
Recordkeeping Requirements ,
Relief Measures ,
Remote Working ,
Sick Leave ,
Telecommuting ,
Timekeeping ,
Tracking Systems