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
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;
- 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.
According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act—which authorizes an “emergency use authorization” for a vaccine—does not prohibit entities, including employers, from requiring a vaccine even if authorized for emergency use only. Read Full Update
On July 27, 2021, the U.S. Centers for Disease Control (“CDC”) updated its mask guidance in response to the Delta variant of COVID-19. The CDC now recommends fully vaccinated individuals to wear a mask indoors in public if in an area of substantial or high transmission. For individuals who are not fully vaccinated or…
As we updated just two weeks ago, Los Angeles County’s Department of Public Health was strongly recommending that everyone, regardless of their vaccination status, wear masks in indoor public places. As of 11:59 pm on Saturday, July 17, 2021, the LA County Public Health Officer has ordered that everyone in Los Angeles County, regardless…
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20 (“EO N-31-20”) regarding the California WARN Act (Lab. Code §§ 1400, et seq.). EO N-31-20 is often inaccurately described as suspension of the entire California WARN Act. However, the Department of Industrial Relations, Division of Labor Standards Enforcement, and the Employment Development Department…
Governor Gavin Newsom signed California’s limited COVID-19 right of recall law in April 2021, which established an obligation for certain employers to recall employees who were laid off because of COVID-19 when job positions become available. The industries affected by the right to recall are the hospitality industry and the building services industry. The California…
The Los Angeles County’s Department of Public Health issued a press release on June 28, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant of COVID-19. This change was prompted by the drastic increase in…
OSHA issued the COVID-19 Healthcare Emergency Temporary Standard (ETS) on June 10, 2021. The full ETS can be found here: Subpart U — COVID-19 Emergency Temporary Standard (osha.gov).
The ETS applies to workplace settings where professional healthcare practitioners provide healthcare services or healthcare support services. The ETS primarily applies to hospital workplaces. Many other workplace settings where professional healthcare practitioners provide healthcare services or healthcare support services can be exempted from coverage of the ETS if they meet certain criteria, including having all employees fully vaccinated, screening all non‑employees for COVID-19 symptoms before entry, and prohibiting entry for persons with suspected or confirmed COVID-19 cases. If there is a healthcare setting embedded within a non‑healthcare setting, such as medical clinics within manufacturing facilities, the ETS may apply only to the embedded healthcare setting and not the remainder of the non-healthcare setting.
After four hours of public comment and consideration, the Cal-OSHA Board voted to withdraw the amended ETS approved on June 3. Instead, the Board will publish a third revised set of revisions to the ETS and vote on a new amended ETS at their hearing on June 17.
The main reason for withdrawing the amended…