On December 13, 2021, the California Department of Health (CPDH) reinstituted a statewide mask mandate. From December 15, 2021 through at least January 15, 2022, all individuals will be required to wear masks in indoor public settings. The mandate applies regardless of vaccination status.
The mandate exempts children under two, persons with medical conditions or
On November 16, 2021, the U.S. Judicial Panel on Multidistrict Litigation randomly assigned the U.S. Court of Appeals for the Sixth Circuit to hear legal challenges to the vaccine emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). The ETS, affecting employers with 100 or more employees, is summarized here.
On November 12, 2021, a panel of the Fifth Circuit Court of Appeals issued a 22-page order reaffirming the initial stay of a vaccine emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). The ETS, affecting employers with 100 or more employees, is summarized here. The three-judge panel determined that OSHA did not have legal authority to issue the ETS. Among other concerns stated in the decision, the panel determined that OSHA’s mandate did not meet the high bar to issue an emergency standard because it had not sufficiently established a grave danger. Also, the panel found that the ETS’s vaccine or testing requirements were overbroad (by setting forth a standard requirement for workplaces regardless of the specific hazards present in individual workplaces) and underinclusive (by exempting many vulnerable workers in workplaces with fewer than 100 employees). Based on these and other legal infirmities, the panel held that the challenges to the ETS were likely to succeed on the merits, which supported the request for a stay. The panel also stated that the ETS would remain stayed pending adequate judicial review of the request for a permanent injunction and ordered OSHA to take no steps to implement or enforce the ETS until further court order.
Since the Food and Drug Administration (FDA) approved use of three COVID-19 vaccines under emergency use authorizations in April 2021, many public and private employers have announced and/or implemented mandatory vaccination policies. In addition, on September 9, 2021, President Biden signed an executive order requiring that certain federal contractors mandate vaccinations for their workers and directed OSHA to implement a rule that would require employers with 100 or more employees to mandate vaccination and/or COVID-19 testing. For more information, see our previous blog post.
Employers implementing mandatory vaccination policies (either by the company’s decision or pursuant to government requirements) have been left with questions on how to properly address employee requests for accommodations to such policies due to religious beliefs, practices, and observances.
On October 7, 2021, Mayor London Breed and the San Francisco Department of Public Health announced that the city will relax indoor face mask requirements in certain settings if hospitalization rates remain stable or decline. The change will take effect October 15, 2021. Read the announcement.
On October 6, 2021, Los Angeles Mayor Eric Garcetti announced on Twitter that he had signed an ordinance expanding the city’s requirements for proof of COVID-19 vaccination. The law will become effective on November 4 and will remain in effect until further notice.
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:
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.
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.
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: