The County of Los Angeles Department of Public Health has again issued a revised Public Health Order (Order) that significantly narrows Los Angeles County’s mask mandate, effective March 4, 2022. As explained in the Order, the updates are largely aimed at relaxing masking requirements to align with Executive Order N-5-22 and California Department of Public Health guidance issued February 28, 2022.

The Los Angeles County Department of Public Health has issued a revised Health Order (“Order”) that makes important changes to Los Angeles County’s mask mandate, effective February 25, 2022. The major revisions are summarized below:

New Options Available to Establishments: Operators of “[a]ll indoor public settings, venues, gatherings, and public and private businesses” may choose to allow fully vaccinated persons ages 5 and older to choose to be exempt from the indoor masking requirement under one of the two options below:

    • Option 1: Allow both fully vaccinated customers/visitors and fully vaccinated onsite workers to unmask while indoors. 
      • Requirements: verify proof of full vaccination against COVID-19 or a recent negative COVID-19 test result prior to entry for all persons, age 5 and older.
        • Tests: must have been taken within 2 days if PCR test or 1 day if antigen test. Onsite workers not fully vaccinated may submit a negative COVID‑19 viral test prior to work onsite every 3 days in compliance with Cal-OSHA protocols.
        • Definition of Full Vaccination: The Order tracks the current CDC definition of “fully vaccinated,” meaning two weeks or more after a second dose in a two-dose series (e.g., Pfizer or Moderna) or two weeks after a single-dose vaccine (e.g., J&J).
      • Verification:
        • Tests: Operator must view (1) individual’s photo ID and (2) a printed document, email, or text message with results from a test provider or laboratory. (NOTE: at-home test results are only sufficient for employees, not the general public). See link for more details.
        • Vaccination: Operator must view (1) individual’s photo ID; and (2) vaccination card in print /electronic form or other evidence of vaccination.
      • NOTE: for any persons to be exempt from the indoor public setting masking requirement under this option, all persons who are not fully vaccinated or do not show proof of vaccination must (1) provide a negative COVID-19 viral test and (2) wear a well-fitting mask while indoors, except when actively eating or drinking.

On December 3, 2021, the U.S. Court of Appeals for the Sixth Circuit rejected, without analysis, the Biden administration’s request to expedite the briefing schedule on the issue of whether to dissolve an injunction from the U.S. Court of Appeals for the Fifth Circuit, which stayed enforcement of Occupational Safety and Health Administration’s vaccine Emergency

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.

On June 3, 2021, California’s Occupational Safety & Healthy Standards Board approved significant revisions to the initial COVID-19-related Emergency Temporary Standards (ETS) originally implemented on November 19, 2020 (see Perkins Coie’s previous blog post here). The amended regulations can be found here and will likely become effective on June 15, 2021, pending review by the California Office of Administrative Law—to be completed within 10 days—and will stay in place for 180 days.

By Andy Smetana and Teri Lindquist

The Small Business Administration (SBA) recently released a flurry of new materials implementing changes to the Paycheck Protection Program (PPP). These materials provide clarifications and updates, but also introduce new changes that borrowers should note when applying for loan forgiveness, a loan increase, or a “second draw” PPP loan.

By: Allan E. Low and Anne Li

Update: This article was updated on January 19, 2021, to include that the commercial eviction moratorium went into effect on January 11, 2021. The bullet points featuring the four tiers of the commercial tenants, created by the Board Ordinance, were also updated to include that each tier’s full-time employee count is as of November 1, 2020.

On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board Ordinance became effective, the mayor’s previous executive orders which impose a moratorium on commercial evictions (the Mayor’s Moratorium) terminated.

By Maggie Hayes and Cris Jones

The IRS has issued its annual employee benefit plan limitations for 2021. Key changes, also highlighted in the chart below, include the following:

  • Code Section 415(c) maximum annual additions increased from $57,000 to $58,000.
  • Compensation limit under Code Section 401(a)(17) increased from $285,00 to $290,000.
  • HDHP Out of Pocket Maximum increased from $6,900 to $7,000 for self-only coverage and from $13,800 to $14,000 for family coverage.
  • HSA Maximum Contribution Limit increased from $3,550 to $3,600 for self-only coverage and from $7,100 to $7,200 for family coverage.
  • All adoption assistance limits and thresholds have increased.
  • All QSEHRA and Archer MSA limits increased.