Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On August 2, 2021, the City and County of San Francisco updated Health Officer Order No. C19-07y, entitled “Encouraging COVID-19 Vaccine Coverage and Reducing Disease Risks (Safer Return Together),” to require all individuals, including the fully vaccinated, to wear face coverings in indoor public settings, with some exceptions. The San Francisco Department of Public Health also issued a “FAQs for COVID-19 Health Order C19-07y,” which states that “[c]urrently a well-fitted mask is…
On July 22, 2021, the Biden administration extended travel restrictions affecting travel between U.S., Canadian, and Mexican land ports of entry until August 21, 2021. In so doing, the Biden administration confirmed that it is “maintaining cross-border activities with Canada and Mexico that support health security, trade, commerce, supply security, and other essential activities while taking critical steps to protect [U.S.] citizens and to curb spread of the virus.” The restrictions prohibit all “non-essential”…
On May 13, 2021, the U.S. Centers for Disease Control and Prevention (CDC) amended its COVID-19–related guidelines to provide that vaccinated individuals no longer need to wear masks in public, whether indoors or outdoors. Many employers, therefore, decided to amend their COVID-19 policies to allow vaccinated workers to go without masks in the workplace. Then the Delta variant of the virus began to spread across the country in June and July. The COVID-19 variant is…
Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of access to facilities or services. In response to this trend, some have argued that employers and other organizations may not lawfully mandate COVID-19 vaccines that have been only approved for use under an emergency use authorization (EUA) as opposed to full approval by the U.S.…
On August 2, 2021, Louisiana Governor John Bel Edwards issued Proclamation Number 137 JBE 2021, reinstating a statewide mask mandate that requires all individuals, regardless of vaccination status, to wear masks “when indoors, in any place outside of a private residence.” The mandate will become effective on Wednesday, August 4, 2021. The indoor mask mandate contains several well-known exceptions, including situations where an individual will not come in contact with others (e.g., working in…
Effective June 1, 2021, U.S. Citizenship and Immigration Services (USCIS) has expanded and extended ongoing flexibility for employers complying with certain I-9 employment eligibility verification requirements due to ongoing issues caused by the COVID-19 pandemic. Extended policies will remain valid through August 31, 2021. Background On March 19, 2020, U.S. Immigration and Customs Enforcement (ICE) announced that it would exercise prosecutorial discretion with regard to Form I-9 employment eligibility verification. A day later, ICE formalized
As Mexico enters the third wave of the pandemic amid a global resurgence of COVID-19, the federal government of Mexico has revised the criteria it uses to update its traffic light monitoring system to alert residents to the epidemiological risks of COVID-19 and provide guidance on restrictions in each of the country’s states. The government has revised the “Guidelines for Risk Estimation of the COVID-19 Regional Traffic Light” and reassigned certain health-risk levels…
On May 24, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 267 (Act No. 2021-493), a measure prohibiting state entities and private businesses from requiring individuals to show proof of vaccination in order to receive goods or services. Following “an increase in legal questions related to … COVID-19 vaccination[s],” Alabama Attorney General Steve Marshall issued a public notice on July 26, 2021, summarizing Alabama law on vaccination requirements and related matters. The first…
The pandemic continues to loom large over the California legislature this year, as indicated by the bills advancing through the legislative process. Below is a summary of the major employment law bills that are working their way through the state Assembly and Senate. The bills pertain to the expansion of medical and sick leave, postings for employees working remotely, and warehouse production quotas for facilities that have ramped up operations during the pandemic. Expansion of…
It has been more than five months since President Biden took office, and while there is still a lot to learn about the prospective enforcement focus of the Mine Safety and Health Administration (MSHA), some priorities have become clearer. Many mine operators are waiting to see if the enforcement and rulemaking pendulum that swung so widely between the Obama and Trump administrations is ready to swing back again. All of the indications to date are…