The Departments of Labor, Treasury and Health and Human Services (collectively, the Departments) recently issued new guidance in the form of FAQs to plan sponsors and administrators of group health plans to assist with them with preparations for the end of the COVID-19 National Emergency and the Public Health Emergency.
Continue Reading New Guidance Issued for Employers Regarding End of COVID-19 Emergencies
On March 31, 2023, Los Angeles County’s COVID-19 emergency proclamation and orders that have been in place since March 2020, will officially end. The Los Angeles County Board of Supervisors made this unanimous decision on February 28, 2023, in light of the recent progress in the COVID-19 pandemic. The official end of Los Angeles County’s COVID-19 emergency will directly impact the status of employee COVID-19 Supplemental Paid Sick Leave and Paid Vaccine Leave, both of which expire on April 14, 2023.
Continue Reading Los Angeles County to Lift COVID-19 Emergency Proclamation and Orders
California COVID-19 safety rules are here to stay.
The California Occupational Safety and Health Standards Board voted on December 15 to enact a new COVID-19 prevention regulation that imposes a number of familiar workplace safety requirements on California employers. The regulations will become effective in mid-January 2023 after a 30-day review period and remain in effect for at least two years.
Continue Reading New Regulation Extends CalOSHA COVID Enforcement into 2025 and Beyond
The Centers for Disease Control (“CDC”) announced major changes to its COVID-19 guidance on August 13, providing additional flexibility for employers seeking a return to normal operations after the pandemic.
Continue Reading Closer to Normal? CDC Guidance Revisions Provide Employers More Flexibility
The U.S. Equal Employment Commission (“EEOC”) has recently updated its Technical Assistance Questions and Answers, “What You Should Know About COVID-10 and the ADA, the Rehabilitation Act, and Other EEO Laws,” (“Q&A) and taken the position that employers may only screen employees for COVID-19 if it is a business necessity that is justified by “current pandemic circumstances and individual workplace circumstances” because a COVID-19 viral test is a medical examination within the meaning of the ADA.
Continue Reading EEOC States Employers Must Show Business Necessity to Test Workers for COVID-19
On June 8, 2022, the California Department of Public Health (CDPH) issued an Order with definitions for “close contact” and “infectious period” that conflict and abrogate the definitions for these terms within the California Division of Occupational Safety and Health’s (Cal/OSHA) current COVID-19 Emergency Temporary Standards (ETS). Employers must comply with the new CDPH definitions, even where they differ from the text of the California ETS or federal Centers for Disease Control guidance.
Continue Reading New “Close Contact” and “Infectious Period” Definitions Modify Compliance with Cal/OSHA’s COVID-19 ETS
On May 7, 2022, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) released guidance, in the form of updated FAQs and fact sheets, concerning the revised COVID-19 Prevention Emergency Temporary Standards (“ETS”) that were adopted on April 21, 2022, and became effective on May 6, 2022. This ETS applies to non-remote workers in California, except those who work alone and those covered by the Aerosol Transmissible Diseases standard, and will remain in effect until December 31, 2022.
Continue Reading Cal/OSHA Releases Guidance on New COVID-19 ETS Impacting Employers and Workers
On March 14, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document providing guidance when it comes to claims of discrimination against employees and applicants with caregiving responsibilities in connection with the COVID-19 pandemic (“Guidelines”). The Guidelines, entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws”, examine discrimination against employees and applicants based on pandemic caregiving responsibilities, noting that such discrimination may violate Title VII of the Civil Rights Act of 1964 (Title VII), Titles I and V of the Americans with Disabilities Act of 1990 (ADA) or Sections 501 and 505 of the Rehabilitation Act of 1973 (Rehabilitation Act), or other federal laws.
Continue Reading EEOC Provides New Guidance on COVID-19 Pandemic and Caregiver Discrimination
The Supreme Court has granted a temporary stay of the OSHA Emergency Temporary Standard (ETS), otherwise known as the OSHA vaccine mandate. The Court ruled that OSHA had exceeded the authority delegated to it by Congress under the Occupational Safety and Health Act. In making this finding, the Court held that OSHA only has the authority to issue workplace safety standards, not broad health measures. The concurring opinion focused upon the “major questions doctrine,” which requires Congress to speak clearly when delegating authority of “vast economic and political significance” to an administrative agency.
Continue Reading Supreme Court Weighs In On Vaccination Mandate
On December 27, 2021, the Center for Disease Control and Prevention (CDC) updated their isolation and quarantine recommendations for the general public, including more limited time periods for quarantine and isolation periods. On December 30, 2021, the California Department of Public Health (CDPH) released updated guidance to conform to the new CDC guidelines but added additional requirements, including testing to exit isolation or quarantine after the fifth day (which the CDC now acknowledges is the “best approach” but does not require as part of its formal guidance). Notably, the new guidance also introduces a distinction between boosted and non-boosted individuals for the first time.
Continue Reading California Adopts New CDC Guidance Regarding Quarantine and Isolation Periods With Its Own Twists