On September 17, 2021, the County of Los Angeles Department of Public Health issued a new Public Health Order, effective at midnight on October 7, 2021, and continuing until further notice.

The Health Order emphasizes that “[t]he best way to reduce the current level of community transmission and to prevent future surges is for everyone who is eligible, including those who have recovered from a COVID-19 infection, to get fully vaccinated as soon as possible.” To promote its goal and reduce community transmission of the virus, the Health Order requires: Continue Reading LA County Issues New Health Order Affecting Bars, Breweries, Wineries, Distilleries, Restaurants, and Outdoor Mega Events

On September 14, 2021, Contra Costa County issued Health Order No. HO-COVID19-57 (the “Order”) mandating certain Contra Costa County businesses and operations to verify its patrons and employees are either fully vaccinated or have a recent negative COVID-19 test result in response to the surging number of COVID-19 delta variant cases.  The Order takes effect at 8:00 a.m. on September 22, 2021. Continue Reading Contra Costa County Issues Mandate Requiring COVID-19 Vaccine or Testing for Certain Businesses, Non-Profits, and Higher Education Institutions

On September 1, 2021, the City of Berkeley issued an order mandating that certain Berkeley businesses and operations verify proof of full vaccination of their employees and patrons (the Order) in response to the surging number of COVID-19 Delta variant cases.

Continue Reading City of Berkeley Issues Mandate Requiring COVID-19 Vaccine for Certain Business Patrons and Employees

Today, President Biden announced the nation’s COVID-19 Action Plan, which is a six-prong, comprehensive national strategy designed to save lives, keep schools open and safe, and protect the nation’s economy while avoiding additional lockdowns and damage. The six prongs are:

  • Vaccinating the unvaccinated;
  • Further protecting the vaccinated;
  • Keeping schools safely open;
  • Increasing testing & requiring masking;
  • Protecting the nation’s economic recovery; and
  • Improving care for those with COVID-19.

Continue Reading Federal “Path Out of the Pandemic” Announced by the White House Implements New Requirements Affecting Private and Public Employers

On August 25, 2021, Cal/OSHA issued a press release which encouraged employers and workers to follow the recent update from the California Department of Public Health (CDPH) recommending that all individuals wear face coverings while indoors regardless of vaccination status (August 25 Recommendation). The full text of the Cal/OSHA press release is linked here and the CDPH guidance is available here. The practical impact of the August 25 Recommendation is to encourage (but not require) that businesses go beyond the current Cal/OSHA ETS (our analysis of which is linked here) and reimplement a requirement that even vaccinated employees to wear face coverings indoors.

On August 13, 2021, the Occupational Safety and Health Administration released updated general industry guidance for COVID-19 that is applicable to all workplaces. OSHA’s general industry guidance, which is advisory and creates no binding legal requirements, focuses on unvaccinated workers and others who are “at risk” (i.e., immunocompromised individuals).

OSHA has added additional recommendations that apply to all workers, including fully vaccinated workers, to comply with the Center for Disease Control’s July 27, 2021, mask and testing recommendations for fully vaccinated people. This is significant because the previous version of the OSHA guidance allowed fully vaccinated workers to go without face coverings and physical distancing whether indoors or outdoors.

The following update addresses this OSHA guidance.

Read Full Update

On August 12, 2021, the City of San Francisco revised its Health Order C19-07y (the “Order”) to mandate certain San Francisco businesses and operations verify proof of vaccination of its staff and patrons in response to the surge of cases caused by the COVID-19 delta variant.

Who does this apply to?

The revised Order requires: (1) businesses and events that serve food or drink indoors (e.g., dining establishments, bars, clubs, theaters, and entertainment venues); (2) gyms, recreation facilities, yoga studios, and other fitness establishments; and (3) indoor events with 1,000+ person attendance, to verify patrons 12 years of age and older are fully vaccinated prior to entering the business’ or event’s indoor facilities starting August 20, 2021, ascertain the vaccination status of staff by August 20, 2021, and ensure staff who routinely work onsite are fully vaccinated before entering or working in any indoor portion of the facility by October 13, 2021, with limited exceptions and subject to applicable federal, state, or local laws requiring accommodations.

Continue Reading City of San Francisco Updates its Health Order to Mandate Certain Businesses Verify Proof of Vaccination

On August 11, 2021, Dallas County Judge Clay Jenkins issued an order requiring certain entities to develop health and safety policies and to require masks indoors.

In relevant part to employers, all commercial entities in Dallas County “providing goods or services directly to the public must develop a health and safety policy.” The policy must require, at a minimum, universal indoor masking for all employees and visitors to the commercial entity’s business premises or other facilities. Additionally, the policy may include other mitigating measures to control and reduce the transmission of COVID-19, such as temperature checks or health screenings. The policy must be posted in a “conspicuous location” to provide notice to employees and visitors. Commercial entities are required to implement the policy within three (3) calendar days of the effective date of the order. Failure to do so may result in a $1,000 fine per violation. Continue Reading Dallas County Judge Orders Commercial Entities to Develop Health and Safety Policies and Require Masks

On August 3, 2021, New York City Mayor Bill de Blasio announced his plan to require both workers and customers to have received at least one dose of the COVID-19 vaccine to participate in indoor dining, indoor fitness, and indoor entertainment. Individuals will be able to provide proof of vaccination status using a “Key to NYC” pass that may allow use of a vaccination card, the COVIDSafe app, or the New York State Excelsior Pass app.

Details of the plan will be announced the week of August 16, 2021.  The City plans to issue both a mayoral executive order and a Health Commissioner order. The City will begin inspections and enforcement of its plan on September 13, 2021.

New York is the first city in the nation to require mandatory vaccination for all indoor activities.  Please reach out to legal counsel if you have any questions.

The City and County of Denver issued an Order on August 2, 2021, requiring personnel of the following entities, or types of entities, to be fully vaccinated by September 30, 2021:

  • the City and County of Denver;
  • care facilities;
  • hospitals;
  • clinical settings;
  • limited healthcare settings;
  • shelters for people experiencing homelessness, including day and overnight shelters;
  • correctional facilities, including jails, detention centers and community corrections sites and residences;
  • schools, including post-secondary and higher education;
  • childcare centers and services;
  • any entity providing home care to patients; and
  • any entity providing first responder services.

Continue Reading Denver City and County Ordering Certain Businesses to Ensure Employees are Fully Vaccinated