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On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued updated guidance on mitigating and preventing the spread of COVID-19 in all workplaces. Though employers in all industries have been waiting for months for OSHA’s expected issuance of Emergency Temporary Standards (ETS), OSHA only issued an ETS applicable to healthcare workers, effectively ending the likelihood of COVID-19 emergency standards for other business sectors.

The updated guidance, which largely aligns with current CDC guidance, focuses on encouraging COVID-19 vaccination and protecting unvaccinated and otherwise at-risk workers. The guidance states that except for workplace settings covered by OSHA’s ETS (for healthcare settings) and mask requirements for public transportation, “most employers no longer need to take steps to protect their workers from COVID-19 exposure in any workplace, or well-defined portions of a workplace, where all employees are fully vaccinated. Employers should still take steps to protect unvaccinated or otherwise at-risk workers in their workplaces, or well-defined portions of workplaces.”Continue Reading OSHA Issues Updated COVID-19 Guidance for All Workplaces

Special thanks to presenters Jeremy Hann (Toronto), Liliana Hernandez-Salgado (Mexico City), Leticia Ribeiro (Sao Paulo – Trench Rossi Watanabe), Maria Cecilia Reyes (Bogota) and Matias Herrero (Buenos Aires).

Our four-part Global Guided Tour for US Multinational Employers webinar series is your passport to ensure that your organization is up to speed on the key labor…

In April, California Gov. Gavin Newsom signed a statewide right-to-recall law — S.B. 93 — affecting certain employers. One of the key provisions of the new law, which has not been subject to much discussion, is how it affects corporate transactions.

In this article, we discuss how this new statute that could present challenges for …

Employers have been awaiting guidance from the EEOC on vaccine-related incentives since the EEOC stated in April 2021 that it would issue new guidance (but declined to state when). Now, they have it. On May 28, 2021, the EEOC issued updated and expanded COVID-19 guidance in its technical assistance document “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updated guidance provides clarification and supplements the original December 2020 version of Section K (“Vaccines”) of the technical assistance.

Key updates regarding incentives include:

  • From a federal EEO standpoint, employers administering vaccines to their employees can offer incentives for their employees to be vaccinated, as long as the incentives are not coercive-but a large incentive could make employees feel pressured to disclose protected medical information by way of pre-vaccination disability-related screening questions.
  • Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. Employers must keep vaccination information confidential pursuant to the ADA.

Notably, the EEOC stated in this update that it is beyond the EEOC’s jurisdiction to discuss the legal implications of the Emergency Use Authorization (EUA) status of the three COVID-19 vaccinations or the Food and Drug Administration’s (FDA) approach to vaccine authorization–a response to “many inquiries” the EEOC received about the type of authorization granted the vaccines by the US Department of Health and Human Services (HHS) and the FDA.Continue Reading EEOC Updates its COVID-19 Technical Assistance: Employers Administering Vaccines Can Offer Non-Coercive Incentives to Employees

As vaccination rates increase, officials across the country are reconsidering their health and safety protocols and workplace reopening guidance. Here are a few of the most recent changes that employers need to know.

On-site Employee Health Screening No Longer Required in San Francisco but Masks and Distancing Remain

On May 20, 2021, San Francisco’s Department of Public Health updated the city’s Health Order to loosen COVID-19 restrictions. Under the new rules, businesses are no longer required to perform health screenings for all personnel and patrons, unless required by the state. Public health officials credited the ongoing vaccination effort in bringing COVID-19 cases to the lowest levels seen during the pandemic. As of May 19, 76% of eligible San Francisco residents have been vaccinated, one of the highest vaccination rates in the country.Continue Reading The Shifting Sands of COVID-19 Regulations: New Rules Regarding Health Screening, Vaccine Cards and Vaccine Passports

Special thanks to guest contributor, Christopher Guldberg. 

The Internal Revenue Service has issued welcome guidance related to the COBRA subsidy provisions under the American Rescue Plan Act (“ARPA”) in the form of IRS Notice 2021-31 (the “Notice”).

As background, for the period from April 1, 2021, through September 30, 2021, ARPA requires employers to…

Special thanks to co-author, Monica Kurnatowska.

A convergence of forces is changing the public face of the boardroom: the increasing amount of data showing how inclusion and diversity improves performance, impassioned protests for gender equality, the impact of the Black Lives Matter movement, pressure from investors and shareholders, and legislation. While gender diversity has…

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Maryland, New

…

On May 13, 2021, the CDC updated its Interim Public Health Recommendations for Fully Vaccinated People. Now, individuals who are fully vaccinated no longer need to wear a mask or physically distance in most indoor and outdoor settings, with a handful of exceptions (doctor’s offices, hospitals, planes, trains, airports, and transportation hubs), or unless…