Latest from Ogletree Deakins Insights - Page 2

Employer health plans and health insurers will be required to cover over-the-counter (OTC) COVID-19 tests, even without a health care provider’s order or an individualized clinical assessment, and generally without cost sharing or medical management, beginning with tests purchased on or after January 15, 2022. That is the basic coverage requirement set forth in the frequently asked question (FAQ) guidance jointly issued on January 10, 2022, by the U.S. Department of Labor (DOL), U.S. Department…
The U.S. Equal Employment Opportunity Commission (EEOC) recently posted information on the EEO-1 landing page stating that the 2021 EEO-1 filing platform is tentatively scheduled to open on April 12, 2022, with the filing deadline tentatively set for May 17, 2022. This approximately four-week filing period is significantly shorter than the length of time provided for recent EEO-1 filing periods. For instance, the 2017 EEO-1 filing period opened on January 24, 2018, with an initial…
On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) and the Centers for Medicare and Medicaid Services’ (CMS) COVID-19 vaccination mandate for certain healthcare providers. In a marathon hearing lasting more than 3.5 hours, all justices peppered the advocates with a wide variety of questions. The takeaway, for now, is…
With 2022 underway, set forth below are the major labor and employment policy issues that the Buzz is keeping an eye on as we begin a new (midterm election) year. COVID-19 Vaccine Requirements. Today the Supreme Court of the United States heard oral argument on whether the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine emergency temporary standard (ETS) and the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate for healthcare workers should be…
On January 6, 2022, California’s Division of Occupational Safety and Health (Cal/OSHA) updated its answers on the California Department of Public Health (CDPH) isolation recommendation found in its guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions.” Cal/OSHA confirmed in its updated FAQs that the CDPH’s December 30, 2021, isolation and quarantine recommendations replace the Cal/OSHA emergency temporary standards (ETS). In reaching its conclusion, Cal/OSHA relied on Governor Newsom’s Executive Order N-84-20. As Cal/OSHA…
On January 5, 2021, the Los Angeles County Department of Public Health (LACDPH) issued an Order of the Health Officer requiring all employers to provide face masks to employees “who work indoors and in close contact with other workers or the public.” More specifically, the order states that employers must provide employees “with and require them to wear a well-fitting medical grade mask, surgical mask, or higher-level respirator, such as an N95 filtering facepiece respirator…
On December 31, 2021, the White House revoked Presidential Proclamation 10315, which had prohibited travel into the United States for travelers who were physically present in the following eight countries in southern Africa: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. President Biden issued the presidential proclamation on November 26, 2021, after the new COVID-19 Omicron variant was detected in southern Africa. Since the presidential proclamation went into effect, the Omicron variant…
On January 3, 2022, Minnesota’s Occupational Safety and Health Administration (MNOSHA) adopted the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) published on November 5, 2021. The ETS applies to large employers (i.e., employers with 100 or more employees) and requires, among other things, that covered employers develop, implement, and enforce mandatory COVID-19 vaccination policies, with an exception for employers that adopt policies requiring employees to be vaccinated…
On January 3, 2022, the Ontario government announced a number of restrictions in response to climbing COVID-19 case numbers and increased hospitalizations. Effective January 5, 2022, the province is temporarily returning to a modified version of its previous Step Two of the Roadmap to Reopen under O. Reg. 263/20. The province will return to Step Two for a minimum of 21 days (until January 26, 2022), at which point the restrictions will be evaluated.…
On January 4, 2022, the U.S. Centers for Disease Control and Prevention (CDC) provided additional guidance in the wake of its December 27, 2021, update to recommended quarantine and isolation periods. The CDC now recommends that anyone with COVID-19 isolate “for at least 5 full days,” starting on the first full day after symptoms begin or the first day of a positive test if the individual is asymptomatic. If the individual is fever free for…