New Jersey is requiring employers in covered healthcare and high-risk congregate settings (“covered settings”) to establish a policy that: (1) mandates vaccinations or weekly testing for workers; (2) creates a system to track the results of the applicable testing requirements; and (3) creates a system to communicate the results of such testing to local public
COVID-19
California Mandates Vaccination for Workers in the Health Care Industry by September 30th
By Tara K. Burke on
Posted in COVID-19
With the significant increase in COVID-19 cases, the state of California has started implementing new measures to try to combat the rise. On July 26, 2021, the California Department of Public Health (CDPH) issued an order requiring covered healthcare facilities to verify the vaccination status of all workers and put mandatory testing requirements in place…
IRS Updates FAQs to Include Leave to Accompany Someone to a COVID-19 Vaccination or to Care for Someone for COVID-19 Vaccination-Related Illnesses
By Tania J. Mistretta on
The American Rescue Plan Act of 2021 (ARPA) extends tax credits available to covered employers who provide qualified sick and family leave wages (within the meaning of ARPA) to their employees between April 1, 2021 through September 30, 2021.
The Internal Revenue Service (IRS) recently updated its FAQs on the Paid Sick and Paid Family…
DHHS and DOJ Issue Guidance on “Long COVID” As a Disability
By Catherine A. Cano on
On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with Disabilities Act (ADA), which apply to state/local government and public accommodations respectively, Section 504 of the…
To Mandate or Not To Mandate: Department of Justice Weighs In on Vaccination Mandates
Posted in COVID-19
Can employers mandate vaccines? The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks.
On July 26, 2021, the OLC issued an opinion (dated July 6, 2021) stating that the COVID-19 vaccinations’ Emergency Use Authorization (EUA) status under the Food,…
Mask On? Mask Off? Mask On? What Employers Need to Know About The New CDC Guidance
Posted in COVID-19
The CDC is now recommending that everyone – including fully vaccinated individuals – wear masks in indoor public settings in all areas with substantial and high transmission of the COVID-19 virus and get tested following exposure to someone with suspected or confirmed COVID-19. The new CDC guidance also recommends universal indoor masking for all teachers,…
New Ohio Law Restricts Ability of Public Schools, Colleges to Mandate COVID-19 Vaccinations
Posted in COVID-19
Public schools and universities are barred from requiring vaccines that have not received full U.S. Food and Drug Administration (FDA) approval under Ohio House Bill 244 (HB 244), signed by Governor Mike DeWine on July 14, 2021. The new law goes into effect on October 13, 2021. Read more about this new Ohio law here
Oregon Temporarily Allows Vaccine Incentives and Hiring Bonuses
By Mark A. Crabtree on
Posted in COVID-19
The Oregon legislature has temporarily amended Oregon’s Equal Pay Act to allow employers latitude to both encourage COVID-19 vaccinations and to attract new employees as the state emerges from COVID-19 business restrictions. Under the revised statute, when evaluating whether employees who perform work of comparable character are paid equitably, a comparison of employee compensation…
City of Los Angeles Requires Vaccine Leave for Employees Working in the City
By Ellen E. Cohen on
The state and some local COVID-19 supplemental paid sick leave requirements continue through the summer. And the City of Los Angeles’ mayor issued a public order mandating additional paid leave. Under the order, employees who work within the City of Los Angeles and have been employed by their employer for 60 days are entitled…
OSHA’s Updated Guidance for COVID-19 in Workplaces
By Courtney M. Malveaux on
Posted in COVID-19
When the Occupational Safety and Health Administration (OSHA) rolled out its COVID-19 Healthcare Emergency Temporary Standard on June 10, 2021, it also issued its updated Guidance on Mitigating and Preventing the Spread of COVID-19 in non-healthcare workplaces. Read more about this new guidance here.