D.C.’s new “COVID Vaccination Leave Temporary Amendment Act of 2021” (Temporary Act) will extend employees’ entitlement to paid time off for both COVID-19 vaccination and recovery from any side effects well into 2022. Read more about about employer obligations here.
COVID-19
U.S. Supreme Court Turns Centers for Medicare & Medicaid Services COVID-19 Vaccine Rules Back On
In a 5-4 decision, the U.S. Supreme Court has ruled in favor of the government, allowing the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine mandate to continue. Biden, et al. v. Missouri, et al., No. 21A240; and Becerra, et al. v. Louisiana, et al., No. 21A240 (Jan. 13, 2022).
Accordingly, CMS…
U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
The Court described the standard as a “blunt instrument” demanding most employers to require two-thirds of the American workforce to receive COVID-19 vaccinations or otherwise undergo weekly testing. The justices…
SCOTUS Questioning Suggests OSHA ETS is Squeezing an Elephant into a Mousehole
The U.S. Supreme Court heard oral arguments today in the OSHA ETS case. Of course one never knows how the Court will rule, but if the Justices’ questions are any indication, there could be a 6-3 split in favor of a stay, with Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and
…
CDC’s New Shorter Quarantine Period is Welcome News for Those Who Got COVID for Christmas
The CDC announced today that it is updating its quarantine and isolation guidance. For people with COVID-19, the isolation period was reduced from ten days to five days as long as the individual has no symptoms or their symptoms are resolving after five days. Importantly, the revised isolation guidance does not recommend an individual…
Sixth Circuit Dissolves Stay of OSHA COVID-19 Vaccine ETS
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with at least 100 employees. In re: MCP No. 165, Occupational Safety & Health Admin. Rule on COVID-19 Vaccination and Testing, …
Is COVID-19 a Disability? EEOC Provides Updated Guidance
On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance describes how the ADA’s three-part definition of disability (actual disability, record of disability or being regarded as an individual with a disability)…
Nationwide Preliminary Injunction on Centers for Medicare and Medicaid Enforcing COVID-19 Vaccine Rule
The U.S. District Court for the Western District of Louisiana has granted a preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from enforcing its COVID-19 vaccine mandate nationwide. Louisiana et al. v. Becerra et al., No. 3:12-CV-03970 (W.D. La. Nov. 30, 2021). This injunction takes immediate effect. Read more here.
Philadelphia Mandates COVID Vaccine for All City Workers
On November 19, 2021, the City of Philadelphia announced all City workers must “complete a full schedule of COVID-19 vaccination(s)” by January 14, 2022, or risk losing their jobs. This mandate comes following the City’s announcements requiring all Philadelphia healthcare workers, college students, faculty and staff to be vaccinated by October 15, 2021 and all…
D.C. Mayor Signs Off on D.C. Employees Getting Paid Leave for COVID-19 Vaccines
On November 18, 2021, D.C. Mayor Muriel Bowser signed the “COVID Vaccination Leave Emergency Amendment Act of 2021” and it has now been enacted. Accordingly, the Emergency Act will remain in effect for not more than 90 days, or until February 16, 2022.
Read our full coverage here.