On November 6, 2021, in a per curiam opinion, a Fifth Circuit Court of Appeal panel temporarily enjoined the new Occupational Health and Safety Administration’s vaccine Emergency Temporary Standard (“ETS”) for employers with 100 or more employees. A copy of the opinion is available here. Our prior blog post on the ETS is available
The Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees at any time to mandate vaccination and/or weekly COVID-19 testing (the “vaccination/testing ETS”). As expected, the text of the vaccination/testing ETS requires that employees either become fully vaccinated or produce a negative test result at least every seven days before going in to work. In addition, the vaccination/testing ETS requires masks or other face coverings for unvaccinated employees working indoors. The new measure also requires employers to provide up to four hours of paid leave, including travel time, to employees to get vaccinated and recover from any ill effects of the vaccine. If employees experience side effects from vaccination, employers must also provide reasonable time and paid sick leave for recovery from each dose. However, under the federal mandate, employers are not required to shoulder the costs of weekly testing of employees or of providing face coverings for employees. …
Continue Reading OSHA’s COVID-19 Vaccination and Testing ETS: What Employers Must Know
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.…
Continue Reading EEOC Updates COVID-19 Technical Guidance to Address Religious Objections to COVID-19 Vaccine Mandates
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 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.
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…