News & Analysis as of

Temporary Regulations Coronavirus/COVID-19

Polsinelli

DEA Issues Second Temporary Rule Extending Controlled Substance Prescribing Flexibilities Through December 2024

Polsinelli on

On October 6, 2023, the Drug Enforcement Agency (DEA) and the Department of Health and Human Services (HHS) issued a Second Temporary Rule, further extending the ability to prescribe controlled substances via telemedicine...more

McDermott Will & Emery

DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine

McDermott Will & Emery on

The United States Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) have further extended flexibilities that allow providers to prescribe controlled substances...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Finalizes Rules to Collect Taxes on Erroneously Claimed Employee Retention Credits and Other COVID-19 Tax Credits

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) have finalized rules for the recapture of erroneously claimed Employee Retention Credits (ERC) and other tax credits provided to employers for...more

Sheppard Mullin Richter & Hampton LLP

DEA and SAMHSA Extend Tele-Prescribing Flexibilities

This week, the Drug Enforcement Administration (“DEA”), in conjunction with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), issued a temporary rule extending the telemedicine waivers of the Ryan...more

Ervin Cohen & Jessup LLP

Cal/OSHA Establishes Non-Emergency COVID-19 Preventive Regulations

Faced with the expiration of its COVID-19 Emergency Temporary Standards, Cal/OSHA voted to establish non-emergency standards. Once approved by the Office of Administrative Law, which is expected to take place in January of...more

BakerHostetler

Upcoming Changes to California's COVID-19 Workplace Regulations

BakerHostetler on

Over the past few months, California lawmakers and regulators have considered several significant changes to California’s COVID-19 workplace requirements for 2023 and beyond. On Sept. 29, Governor Gavin Newsom signed AB 2693...more

Ervin Cohen & Jessup LLP

Just When You Thought It Was Over: New Covid Laws For California Employers

Ervin Cohen & Jessup LLP on

With the relaxation of some governmental COVID-19 measures, it may appear that employers need no longer be concerned with any of the requirements imposed in the last two years.  On the contrary, the California Legislature has...more

Parker Poe Adams & Bernstein LLP

Federal Courts Reject a Union's Attempt to Force OSHA to Issue New COVID-19 Rules

​​​​​​​It may seem like a lifetime ago, but employers may recall that in late 2021, the federal Occupational Safety and Health Administration (OSHA) withdrew its health care emergency temporary standard (ETS) for COVID-19,...more

Sheppard Mullin Richter & Hampton LLP

Cal/OSHA Announces Public Hearing on Proposed COVID-19 Permanent Standard

On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) will hold a public hearing to address its draft proposed COVID-19 Permanent Standard (“Permanent Standard”). At the hearing, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Proposes Rule Updating I-9 Verification Requirements

​​​​​​​On August 18, 2022, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would grant it broader authority to permit alternative document inspection procedures for I-9...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Standards Board’s COVID-19 ETS Proposal Provisions

​​​​​​​On September 15, 2022, the California Occupational Safety and Health Standards Board will continue the long and arduous journey to establish COVID-19 safety measures in the workplace. Since the California Division of...more

Parker Poe Adams & Bernstein LLP

I-9 Update - USCIS Ends Temporary Policy on List B Document

At the onset of COVID-19, U.S. Citizenship and Immigration Services (USCIS) issued a temporary policy allowing employers to accept expired List B documents to complete I-9s. The temporary rule was implemented as many...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Standards Board’s Draft COVID-19 Prevention Regulation Scheduled to Take Effect January 1, 2023

On May 6, 2022, the State of California Office of Administrative Law (OAL) adopted the third revision of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standard (ETS),...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CDPH Issues Updated Order Drastically Changing Employers’ Obligations Under Cal/OSHA COVID-19 ETS

Currently, the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) requires employers to review and use current California Department of Public Health (CDPH)...more

Stokes Wagner

Cal-OSHA Eases Emergency COVID Workplace Standards

Stokes Wagner on

For the third time, California has re-adopted and revised its COVID-19 Prevention Emergency Temporary Standards (“ETS”), mirroring current State and local regulations easing pandemic-related restrictions. While the ETS still...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Updates COVID-19 ETS FAQs and Issues Fact Sheet for California Employers

On May 7, 2022, the day after the latest revision to the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards (ETS) went into effect, Cal/OSHA issued updated...more

Ervin Cohen & Jessup LLP

Cal/OSHA Standards Board Adopts New COVID-19 Prevention Emergency Temporary Standards

On April 21, 2022, the Cal/OSHA Standards Board (Board) met and formally adopted a third version of the COVID-19 Emergency Temporary Standards (ETS) by a vote of 6-1.   The new ETS makes a number of changes to prior ETS...more

Parker Poe Adams & Bernstein LLP

Federal OSHA Threatens Arizona with Loss of State Enforcement Authority

The Occupational Safety and Health Act (OSHA) established a dual enforcement structure for inspections and citations for workplace safety issues. Either federal OSHA enforces the law, or states have the option of electing to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Standards Board Adopts Third COVID-19 ETS to Remain in Effect Until December 31, 2022

On April 21, 2022, by a 6-1 vote, the California Occupational Safety and Health Standards Board voted to adopt the proposed revisions to the current COVID-19 emergency temporary standards (ETS). The only no vote was from a...more

Ervin Cohen & Jessup LLP

Cal/OSHA Standards Board Planning to Adopt New COVID-19 Prevention Emergency Temporary Standards

The Cal/OSHA Standards Board has scheduled a meeting for April 21, 2022, to adopt a third version of the COVID-19 Emergency Temporary Standards (ETS). The proposed changes will serve to modify several portions of the ETS,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA Proposes Changes to Third COVID-19 ETS; Standards Board to Consider Adoption on April 21

On November 30, 2020, the California Division of Occupational Safety and Health (Cal/OSHA) adopted the first COVID-19 Emergency Temporary Standards for California. As of April 6, 2022, Cal/OSHA has proposed a third readoption...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Announces Intent to Focus Inspections in Healthcare Facilities With Attention on COVID-19 Healthcare ETS

The Occupational Safety and Health Administration (OSHA) remains focused on the pandemic in certain workplaces as indicated by its announcement of a new National Emphasis Program (NEP) related to COVID-19. Interestingly, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Unmasks - California Department of Public Health Revises Guidance for Use of Face Masks in Indoor Settings

On February 28, 2022, the California Department of Public Health (CDPH) issued new guidance, further loosening the rules for wearing COVID-19–related masks in the state. Effective March 1, 2022, unvaccinated individuals are...more

Stark & Stark

The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now? - Update

Stark & Stark on

Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022,...more

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