COVID-19 Workplace Law Advisor

At the end of April, the Cal/OSHA Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS). The revised version of the ETS took effect on May 6, 2022. As promised when passed, Cal/OSHA has released updated guidance to assist with this version of the ETS that expires January 1, 2023. Cal/OSHA posted an update to the Revisions to the ETS FAQ. This FAQ details the changes in the…
On April 21, 2022, Cal/OSHA’s Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS). The third adoption makes some changes to the ETS previously in effect. Some of the more significant changes include: Elimination of the requirement that face coverings pass the “light test” (does not let light pass through when held up to a light source). Removal of cleaning and disinfection requirements. Addition of a new term,…
When a district court judge in Florida lifted the Centers for Disease Control and Prevention (CDC) federal COVID-19 mask mandate on April 19, 2022, the Transportation Safety Administration stopped enforcing it. However, the judge’s ruling left it up to airlines and local transit agencies to decide how to respond. Many airlines immediately lifted the mandate – making masking optional, but the same cannot be said for local transit authorities. There is a patchwork of regulations…
More than 500 lawsuits have been filed challenging vaccine mandates in some fashion. These are likely just the tip of the iceberg, however, as there are no doubt thousands of such complaints lurking “beneath the surface,” in the form of agency charges and alternative avenues for resolving disputes. Equal Employment Opportunity Commission One of the ways that employees are challenging employer-imposed vaccine mandates is to allege that the employer has failed to accommodate a disability…
Executive Orders and Federal Rulemaking In addition to challenges to individual employer-imposed mandates, a wave of lawsuits have sought to invalidate Biden Administration efforts to increase the nation’s vaccination rate. These include President Biden’s executive orders for federal contractors (EO 14042) and U.S. government employees (EO 14043), Department of Defense (DOD) vaccine mandates for military and civilian employees, the Occupational Safety and Health Administration’s Emergency Temporary Standard (OSHA ETS) “vaccine or test” rule for employers…
As COVID-19 restrictions loosen around the state, California’s legislature continues its consideration of legislation pertaining to the pandemic. Assembly Bill (AB) 1993 which was introduced in February proposes that employers require employees and independent contractors who are eligible to receive the COVID-19 vaccine to show proof of vaccination. Current employees and independent contractors would need to confirm their vaccination status on January 1, 2023, and new employees and independent contractors would need to show proof…
As the COVID-19 pandemic continues to evolve daily, the Centers for Disease Control and Prevention (CDC) has updated its guidelines on what is required or recommended for travelers after their arrival in the United States. These new changes join the December 2021 requirements about travel to the United States. Reiterating: Before Boarding Non-U.S. individuals (those who are neither U.S. citizens, U.S. nationals, nor legal permanent residents) are required to show two things: (1) Proof of
In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits, and the continuing rise of cases brought under the California Private Attorneys General Act and Illinois Biometric Information Privacy Act, among other litigation trends.…
The onset and persistence of the COVID-19 pandemic has only exacerbated the shortage of healthcare workers in the United States, especially in rural areas. Periodic spikes in infection levels has sped burn-out among healthcare workers. There are many foreign nationals who can and do fill these healthcare roles including those in Temporary Protected Status (TPS) and others covered by Deferred Action for Childhood Arrivals (DACA), individuals whose employment authorization derives from a separate Employment Authorization…