What a difference three months makes. In May 2021, the Centers for Disease Control and Prevention (“CDC”) announced that fully vaccinated individuals could forgo masks and social distancing requirements in most indoor and outdoor locations. At that time, the Alpha variant was not all that transmissible in the fully vaccinated, and millions of vaccine shots
Labor & Employment Law Blog
Up-to-date Information on Labor & Employment Law
What Do I Do With My Workplace Drug Policy Now That Cannabis Is Legal in Illinois and My Employees Are Remote?
In January 2020, Illinois legalized the use of recreational marijuana through the Cannabis Regulation and Tax Act (“the Act”). Two months later, many employees began working remotely because of the pandemic. Today, work-from-home continues to blur the lines between “work” and “home” in countless ways, and employee drug policies are no exception. The new world…
New U.S. DOL Emergency Temporary Standard for Healthcare Workers
On June 21, 2021, the United States Department of Labor’s Occupational Safety and Health Administration’s (“OSHA”) new COVID-19 Healthcare Emergency Temporary Standard (“ETS”) went into effect.
The ETS includes numerous requirements applicable to employees working in healthcare settings where suspected or confirmed COVID-19 patients are treated. This includes employees in hospitals, nursing homes, and assisted…
Cal/OSHA Finally Enacts Revised Emergency Temporary Standards
On June 17, 2021, the Cal/OSHA Standards Board voted to adopt revisions to the Emergency Temporary Standards (ETS), and Governor Gavin Newsom signed an executive order allowing the revised ETS to go into effect immediately. The revised ETS now applies to nearly all workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard.…
NY HERO Act Requirements Significantly Modified as Amendments Pass New York Legislature
This week, both houses of the New York state legislature passed a package of amendments (the “Amendments”) to the New York Health and Essential Rights Act (“HERO Act” or the “Act”) designed to clarify, modify, and delay implementation of certain provisions of the Act.
The HERO Act was signed by New York Governor Andrew Cuomo…
Cal/OSHA Approves Revised Emergency Temporary Standards
After several fits and starts, on June 3, 2021, the Cal/OSHA Occupational Safety & Health Standards Board finally passed revised Emergency Temporary Standards (ETS) that now take into account employee vaccination status and loosening restrictions from the Centers for Disease Control (CDC) and California’s elimination of the colored Tier system. The revised ETS will go…
EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides clarification regarding mandatory vaccinations, employer and third-party provided vaccine incentives, and confidentiality of vaccination information. The EEOC guidance left open some questions surrounding vaccine incentives, including…
Significant Updates to Cal/OSHA’s Emergency Temporary Standards on the Horizon
Prompted by increased availability of vaccine appointments, and broad eligibility for all U.S. adults and teenagers, the federal Centers for Disease Control (CDC) and California’s Department of Public Health (CDPH) have loosened restrictions with respect to fully vaccinated individuals, defined as those who are two weeks past their final required vaccination dose (second dose of…
California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality Industries
As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries. Beginning April 16, 2021, Senate Bill 93 will require employers in these industries to offer job positions back to their laid-off employees as they become available (within five business days). The bill creates…
Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature
On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act (the “HERO Act” or the “Act”) to Governor Andrew Cuomo for signature. The legislation was created as a response to COVID-19 safety concerns as New Yorkers return to in-person work, and designed to fill gaps created…
COBRA Premium Assistance Under the American Rescue Plan Act of 2021 – What Employers Should Know
The Department of Labor (“DOL”) recently issued key guidance in the form of frequently asked questions (“FAQs”) about COBRA Premium Assistance under the American Rescue Plan Act of 2021 (“ARPA”). In addition to issuing the FAQs, the DOL issued model notices and announced a new website dedicated to the COBRA premium subsidy under ARPA, which…
Labor Commissioner Issues FAQs for Supplemental COVID-19 Paid Sick Leave Law
In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave. You can read it here. SB 95 creates California Labor Code Sections 248.2 and 248.3. It goes into effect on March 29, 2021, and applies retroactively to January…
California Enacts Expansive, Retroactive Supplemental COVID-19 Paid Sick Leave Law
Beginning on March 29, 2021, Senate Bill 95 will place additional requirements on employers to provide supplemental paid sick leave to employees impacted by COVID-19. The bill, which was approved by the legislature on March 18, 2019, and signed by Governor Gavin Newsom on March 19, 2021, creates California Labor Code Sections 248.2 and 248.3. …
OSHA Adopts New COVID-19 National Emphasis Program to Increase Its Enforcement Efforts
On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker exposures to COVID-19 by targeting certain “high-hazard” industries and worksites where employees may have a high frequency of close contact exposures. The NEP and related…
CDC Issues New COVID-19 Guidance For Vaccinated Individuals
By Molly Brooks
On Monday, March 8, 2021, the Center for Disease Control (“CDC”) issued new Guidance for Fully Vaccinated People. The CDC defines “fully vaccinated people” as those who received both doses in a 2-dose series, or one dose of a single-dose vaccine, and two weeks have elapsed since receiving the final dose. Alongside its recommendations…
DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies
On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures, and require the use of personal protective equipment among other things, the DFEH addresses a question that has been top of mind…