On August 11, 2022, the Centers for Disease Control and Prevention (CDC) unveiled its updated COVID-19 guidelines, revising both quarantine and isolation guidelines in the process. The updates reflect the growing number of...more
On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic. While previous guidance, initially published on...more
On February 28, 2022, California Governor Gavin Newsom extended the second readoption of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standard (ETS) currently...more
4/18/2022
/ Amended Rules ,
Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Governor Newsom ,
Masks ,
State and Local Government ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Employers are amending their vaccine policies in the wake of US Supreme Court opinions. Michelle Strowhiro, Sandra DiVarco and Abigail Kagan discuss the three vaccine rules at play - OSHA Emergency Temporary Standard (ETS),...more
On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose...more
On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary:
A 5-4 Court majority let the Centers for Medicare &...more
On December 16, 2021, the California Division of Occupational Safety and Health’s (Cal/OSHA) Standards Board voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (Second...more
The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of the publishing of...more
On December 13, 2021, New York City’s Commissioner of the New York City Department of Health and Mental Hygiene (DOHMH), Dr. Dave A. Chokshi, published an order (the Order) requiring private employers to impose COVID-19...more
12/17/2021
/ City of New York ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement Actions ,
Exemptions ,
Masks ,
Regulatory Mandates ,
Vaccinations
UPDATE:
On December 7, 2021, the US District Court for the Southern District of Georgia issued a nationwide injunction that blocks the federal government from enforcing the federal contractor and subcontractor vaccine...more
On December 6, 2021, New York City Mayor Bill de Blasio announced that all New York City employers, regardless of size, will be required to impose COVID-19 vaccination mandates on all employees (subject to legally protected...more
On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Final Rules ,
Health Care Providers ,
Healthcare Workers ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 28, 2021, several details were released regarding the US Occupational Safety and Health Administration’s (OSHA) highly anticipated emergency temporary standard (ETS), also known as the “vax-or-test rule.” The ETS,...more
On September 24, 2021, the Safer Federal Workforce Task Force (the Task Force) issued its initial guidance (the Guidance) for federal contractor COVID-19 safety mandates. The Guidance was issued pursuant to US President Joe...more
9/28/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Masks ,
Remote Working ,
Reporting Requirements ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 9, 2021, US President Joe Biden announced a multipronged plan to increase the number of Americans who are vaccinated for COVID-19. In the plan, titled “Path Out of the Pandemic: President Biden’s COVID-19 Action...more
9/27/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Branch ,
Executive Orders ,
Federal Contractors ,
Healthcare Facilities ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing
On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (COVID-19 Executive Order No. 87) (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are...more
8/31/2021
/ Coronavirus/COVID-19 ,
Government Agencies ,
Governor Pritzker ,
Health and Safety ,
Healthcare ,
Illinois ,
Masks ,
Public Schools ,
State and Local Government ,
Vaccinations ,
Workplace Safety
On August 13, 2021, the US Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance documents for employers in all industries. The new recommendations echo those published by the US Centers for...more
8/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Guidance Update ,
High Risk Covid Employees ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On August 5, 2021, the California Department of Public Health (CDPH) issued a new Order that impacts healthcare employers in California. The CDPH’s Order mandates that almost all healthcare employers require their healthcare...more
On July 26, 2021, the California Department of Public Health (CDPH) issued a new Order that impacts healthcare and state employers in California. The CDPH Order requires that almost all healthcare employers verify the...more
7/29/2021
/ California ,
Compliance ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Healthcare Workers ,
Required Documentation ,
State and Local Government ,
State Employees ,
Vaccinations ,
Virus Testing
On July 27, 2021, the US Centers for Disease Control and Prevention revised its COVID-19 mask guidance, recommending that fully vaccinated individuals should wear a mask in indoor public spaces if they are located in areas of...more
Can employers offer incentives for employees to get a COVID-19 vaccine? In short, yes. Incentives may take many forms, such as a one-time bonus, a gift card or a few extra vacation hours. Employers can get creative. ...more
7/28/2021
/ Americans with Disabilities Act (ADA) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Incentives ,
IRS ,
Reasonable Accommodation ,
Vaccinations
On June 21, 2021, the US Occupational Safety and Health Administration’s (OSHA) long-anticipated Emergency Temporary Standard (ETS) for COVID-19 requirements in the healthcare industry went into effect. Most of the...more
6/23/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employee Training ,
Employer Liability Issues ,
Healthcare ,
New Guidance ,
OSHA ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Safety
Can an employer mandate or incentivize a COVID-19 vaccination? If so, what exceptions or exclusions apply? As COVID-19 vaccines have become increasingly available in the United States, and with new Centers for Disease Control...more
6/8/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
As of May 16, 2021, 37.1% of the US population are fully vaccinated, with 47.4% reported to have at least one vaccination dose, according to the Centers for Disease Control and Prevention (CDC). As the vaccinated population...more
5/18/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Masks ,
New Guidance ,
Policies and Procedures ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as employees...more