On December 16, 2021, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) adopted revisions to the current COVID-19 Prevention Emergency Temporary Standards (“ETS”).  The Cal/OSHA ETS were first approved on November 30, 2020, adopted again with modifications on June 17, 2021, and recently readopted with additional revisions.  The newest version of the ETS will go into effect on January 14, 2022, and will apply to all non-remote workers in California except those covered by…

On December 6, 2021, New York City Mayor Bill de Blasio surprised employers by announcing on MSNBC’s “Morning Joe” that, starting December 27, NYC will mandate vaccines for all private-sector workers.  The mandate is expected to affect around 184,000 employers. In part, the mandate requires proof of two vaccine doses for workers who have received the Moderna or Pfizer vaccinations and, presumably (although the announcement did not provide such detail), proof of one dose for…

On November 10, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum outlining employers’ bargaining obligations with respect to compliance with OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”). As we previously reported, the ETS requires employers with 100 or more employees to implement mandatory vaccination policies by early December.  Employers can exempt employees from the mandatory vaccination policy only if the employer also maintains and enforces a…

Employers with 100 or more employees must implement mandatory vaccination policies by early December under the Emergency Temporary Standard released by OSHA. Employers can exempt employees from the mandatory vaccination policy only if the employer also maintains and enforces a policy that requires those employees to wear face coverings at work and submit to regular COVID testing. Here are the key provisions of OSHA’s emergency rule, which employers must comply with by early December, subject…

Last week, the EEOC issued new guidance on how to apply anti-discrimination laws to an applicant or employee’s request for a religious exemption from an employer’s COVID-19 vaccination requirement. Background: Title VII and Religion The EEOC has previously explained that vaccine mandates are generally permissible, as long as there are exceptions provided for disability and religious reasons.  Disability-related objections are governed by the Americans with Disabilities Act (“ADA”) whereas religious objections are governed by Title…

Federal contractors can make their own determinations on vaccination exemptions and do not need to terminate employees who refuse vaccination, according to new guidance from the Biden Administration. The Safer Federal Workforce Taskforce updated its Frequently Asked Questions page related to President Biden’s Executive Order 14042, which requires federal contractors ensure their employees who work in connection with federal contracts receive vaccination for COVID-19.  The Taskforce issued its initial guidance on September 24, …

On October 11, 2021, Governor of Texas, Greg Abbott, issued Executive Order GA-40, which proscribes entities from compelling individuals to receive the COVID-19 vaccine who object “for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.” Offending entities can be fined up to $1,000 for failing to comply with this order. This order follows three previous executive orders from Governor Abbott prohibiting certain entities and…