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 September 6, 2021, New York Governor Kathy Hochul designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights...more
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 July 15, 2021, the Supreme Court of California issued a long-awaited decision in Ferra v. Loews Hollywood Hotel, LLC. The Court reversed the trial and appellate court holdings and concluded that California employers must...more
7/19/2021
/ Appellate Courts ,
CA Supreme Court ,
Compensation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Regulations ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
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
On April 20, 2021, the Occupational Safety and Health Administration (OSHA) released three new FAQs for employers who recommend or require employees to receive COVID-19 vaccines. OSHA is responsible for enforcing workplace...more
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill 95 (SB95), significantly expanding California’s COVID-19 Supplemental Paid Sick Leave (CSPSL). This latest legislation now requires any California...more
3/25/2021
/ Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Retroactivity ,
Sick Leave ,
State and Local Government ,
State Legislatures ,
Supplemental Benefits ,
Wage and Hour ,
Wage Statements
On March 8, 2021, the US Centers for Disease Control and Prevention (CDC) issued its first set of public health recommendations for fully vaccinated people in non-healthcare settings. The new recommendations detail (1) how...more
Private companies with 100+ employees (and with at least one California-based employee) must report Equal Employment Opportunity (EEO) pay and other data to the California Department of Fair Employment and Housing (DFEH) by...more
With the health outlook uncertain and the vaccination process months away from completion, many companies that shifted to remote work environments during the beginning of the COVID-19 pandemic still have employees working...more
2/25/2021
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Furloughs ,
Paid Leave ,
Policies and Procedures ,
Remote Working ,
Reporting Requirements ,
Resource Guide ,
Restrictive Covenants
Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions.
A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Human Resources Professionals ,
Policies and Procedures ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Wrongful Termination
Almost all California employers will soon be impacted by an impending expansion to the California Family Rights Act (CFRA) under SB-1383, which was signed into law by Governor Gavin Newsom on September 17, 2020. The CFRA...more
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). The EEOC is...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Documentation ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Exceptions ,
GINA ,
New Guidance ,
Proof of Use ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations