On September 9, 2021, the White House released a memorandum titled “Path Out of the Pandemic,” which detailed President Biden’s COVID-19 Action Plan. The memorandum contains six priorities for combatting the COVID-19 pandemic, including a requirement that all employers with 100 or more employees must implement a vaccine mandate and/or require weekly testing of unvaccinated
Labor & Employment Law Blog
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NY HERO Act Plans Must Be Activated as COVID-19 Designated a Highly Contagious Communicable Disease
On September 6, 2021, New York Governor Kathy Hochul announced that COVID-19 has been designated as a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s HERO Act (“HERO Act” or the “Act”). At the time of the publication of this article, the Commissioner of…
Reminder: ARPA COBRA Subsidy Expiration Notice Due by September 15
The American Rescue Plan Act (“ARPA”) requires the full cost of COBRA premiums to be subsidized for COBRA continuation coverage during the period from April 1, 2021 through September 30, 2021 (“Subsidy Period”) of certain assistance-eligible individuals (“AEI“) whose COBRA qualifying event was due to an involuntary termination or reduction in hours. Our prior blog…
San Francisco Mandates Proof of Full Vaccination for Entry Into Many Establishments
On Thursday, August 12, 2021, the San Francisco Department of Public Health (SFDPH) published an order strengthening the COVID-19 safety requirements applicable to many business establishments and even spaces in the City and County of San Francisco (the “Order”). As outlined below, the Order requires significant new vaccine mandates for San Francisco businesses operating (1)…
Picking Up the “Key to NYC”: New Vaccination Regulations Now Effective for New York City Employers
On August 3, 2021, New York City Mayor Bill de Blasio announced the “Key to NYC” program (“Key to NYC” or the “Program”), which implemented new mandatory COVID-19 vaccination requirements for employees and patrons of certain indoor establishments in New York City. Effective August 17, 2021, business entities covered under Key to NYC must require…
OSHA Updates COVID-19 Guidance to Align With Recently Updated CDC Guidance
On August 13, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) updated its “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The updated guidance, which does not apply to healthcare workplace settings covered by OSHA’s COVID-19 Emergency Temporary Standard, reflects recent changes to the guidance for fully …
Return of the Mask: CDC Issues New Recommendations for Fully Vaccinated Individuals
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…
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…