Listen to this post

On October 6, 2021, Los Angeles Mayor Eric Garcetti signed into law one of the strictest vaccine mandates in the country (Ordinance No. 187219, the “Ordinance”), requiring proof of COVID-19 vaccination for patrons to enter a wide range of private establishments–more than just bars, wineries, or breweries. Employers who are covered by the Ordinance–which is similar to ordinances in New York, West Hollywood, and San Francisco–will have to quickly determine what changes they’ll need to make in order to meet the Ordinance’s requirements less than a month from now.

Here’s what businesses need to know now about the Ordinance.

Where does this matter?

The Ordinance applies to businesses operating within the city limits of Los Angeles, but not those in unincorporated areas of L.A. County.  North Hollywood?  Yes!  Santa Monica? No!

Continue Reading No Shoes, No Shirt, No Jab = No Entry: Proof of Full Vaccination Required in Los Angeles for Patrons to Enter Private Establishments

Listen to this post

As companies call employees back to the physical workplace, more employers are electing to implement mandatory vaccination policies to keep employees safe amidst the spread of the COVID-19 Delta variant. In turn, some employees are seeking accommodations, asserting that disabilities or religious beliefs prevent them from being vaccinated. Employers should develop consistent standards for handling such requests.

In this Quick Chat video, our Labor and Employment lawyers share guidelines for employers to consider as they encounter requests for accommodations from mandatory vaccination policies.

Click here to watch the video.

Listen to this post

We are pleased to share a recent World Economic Forum article, “Work can be better post-COVID-19. Here’s what employers need to know,” authored by Stephen Ratcliffe and Julia Wilson that discusses the following:

  • The return to the workplace
  • Hybrid working as the new norm
  • Fostering inclusion, diversity and equity (IDE)

Click here to continue reading this Article.

This article was originally posted in the World Economic Forum.

Listen to this post

Federal contractors and subcontractors in the US now have guidance on mandatory vaccines for employees, while private US employers with 100 or more employees are still waiting for the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard (ETS). On September 24, 2021, the Safer Federal Workforce Task Force–the task force created by President Biden to provide workplace guidance to heads of federal agencies during the COVID-19 pandemic–released its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (the Guidance). The Guidance primarily addresses vaccination requirements for employees of covered federal contractors, but it also imposes mask and physical distancing requirements for covered contractor worksites (including for employees, visitors and others) and requires contractors to designate a person (or persons) to coordinate COVID-19 workplace safety efforts at their workplaces.

Continue Reading No Fair! US Federal Contractors Get Guidance on Mandatory Vaccines While Other Private Employers Continue to Wait

Listen to this post

We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update which is a collection of immigration and mobility alerts and videos from around the world.

Please click here to view.

 

Listen to this post

We are pleased to share a recent Wall Street Journal article, Companies Grapple With Questions About Covid-19 Vaccine Mandate, with quotes from Robin Samuel. This article discusses the challenges and questions companies face when implementing the Biden administration’s Covid-19 vaccine mandate.

Listen to this post

On September 9, 2021, President Biden announced that he has directed the Department of Labor’s Occupational Safety and Health Administration (OSHA) to promulgate an emergency temporary standard requiring all US companies with 100 or more employees to ensure that their workers are either vaccinated against COVID-19 or tested  weekly before coming to work. In an 11-page memo, “Path Out of the Pandemic” (the Memo), the President announced a “six-pronged, comprehensive national strategy” to combat COVID-19, including the OSHA emergency rule.

The White House estimates the OSHA emergency rule will apply to more than 80 million private-sector workers.

Here’s what US private employers need to know right now.
  • The emergency rule will require all US employers with 100 or more employees to either ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. The emergency rule will undergo a process of expedited review before taking effect, and will be issued without public comment.
  • The emergency rule is expected in the coming weeks, and will take effect shortly thereafter.
  • Once the rule is in place, businesses who violate its provisions could face penalties of up to $14,000 per violation.
  • According to the memo, businesses will be required to provide workers with paid time off, both to get vaccinated and to recover from side effects from vaccination.

As part of the plan, President Biden announced he will require all health facilities accepting Medicare or Medicaid funding to vaccinate their workforces.

He also signed two executive orders on September 9 addressing federal employees and contractors. The first Executive Order requires all federal employees to be vaccinated, with no option to be regularly tested instead (the only exceptions to vaccination being those “required by law”)–a method the President reportedly hopes state governments and private companies will adopt. The second is an Executive Order “directing that this standard be extended to employees of contractors that do business with the federal government” (according to the Memo), indicating that federal contractors will also be required to ensure their workers are vaccinated, with no testing option.

The President’s plan also calls on large entertainment venues, like sports arenas, large concert halls, and other venues where large groups of people gather to require that their patrons be vaccinated or show a negative test for entry.

For now, employers should stay tuned for additional updates pending the issuance of OSHA’s emergency rule, and check out our other recent resources on mandatory vaccination:

As always, for assistance with any employment related needs, contact your Baker McKenzie employment attorney.

Listen to this post

We are pleased to share a recent International Employment Lawyer article, “Are US Employers That Don’t Mandate Vaccines Now At Risk?” by Stephanie Priel, Robin Samuel, and Autumn Sharp. The article discusses risks companies that are not mandating COVID-19 vaccines may face, as well as steps those companies can take to meet their health and safety-related workplace obligations to employees.

Click here to view the article.

Listen to this post

Special thanks to guest contributor:  Helena Engfeldt.

US employers want employees to return to the brick and mortar workplace but with the COVID-19 Delta variant rampaging across the US and elsewhere, many employers are requiring employees to be vaccinated before they return – and they are requiring proof of vaccination. So, what can employers do to track the vaccination status of their employees?

In this Quick Chat video, our Labor and Employment and Data Privacy lawyers discuss risks and best practices for US employers on tracking proof of employee vaccinations, and take a look at data privacy issues that can arise.

Click here to watch the video.

We note that clients are finding our Vaccine Analysis Matrix (VAM) helpful. On a state-by-state or country-by-country basis, depending on your organization’s needs, the matrix covers topics like permissibility of mandatory vaccinations, getting proof of vaccination and potential liabilities. This practical tool supports companies in developing their reopening plans and is available for a fixed fee.

Read more about whether US employers can (and should) mandate vaccinations for their workforce in our client alert, United States: Mandating COVID-19 Vaccination? Before You Act, Consider These Key Issues For US and Multinational Employers and watch The Employer Rapport video, Momentum to Mandate Vaccinations in the Workplace: What Employers Need to Know Now.

Listen to this post

The United States Department of Labor, Occupational Safety and Health Administration (OSHA) has decided to sing the same song as its sister agency. Last Friday, August 13, OSHA updated its guidance for American workplaces, auto-tuning its recommendations for fully vaccinated employees to match recent guidance issued by the Centers for Disease Control and Prevention (CDC).

Specifically, on the topic of workplace vaccination, OSHA now

suggests that employers consider adopting policies that require workers to get vaccinated or to undergo regular COVID-19 testing – in addition to mask wearing and physical distancing – if they remain unvaccinated.”

In so doing, OSHA joins the growing ensemble of government agencies recommending vaccine mandates, while public and private employers rush to require their workers to get vaccinated or undergo regular testing. (For details on this momentum, read more here or watch our video chat here.)

Additional Recommendations

OSHA updated its guidance to help employers and workers not covered by OSHA’s COVID-19 Emergency Temporary Standard (ETS) for the healthcare industry to identify COVID-19 exposure risks to workers who are unvaccinated or otherwise at risk even if fully vaccinated (e.g., immunocompromised individuals).

The guidance encourages employers to engage with workers and their representatives to determine how to implement multi-layered intervention strategies to protect unvaccinated and otherwise at-risk workers and mitigate the spread of COVID-19, including:

  • Encouraging and facilitating employees to get vaccinated by providing paid time off, working with local agencies to offer vaccination clinics in the workplace, and adopting policies that mandate employee vaccination.
  • Instructing infected workers, unvaccinated workers who have had close contact with a positive COVID-91 case, and all workers with COVID-19 symptoms to stay home from work.
  • Implementing physical distancing in all communal work areas for unvaccinated and otherwise at-risk workers.
  • Providing workers with face coverings or surgical masks, unless their work task requires a respirator or other PPE. In addition to unvaccinated and otherwise at-risk workers, CDC recommends that even fully vaccinated people wear masks in public indoor settings in areas of substantial or high transmission.
  • Suggesting or requiring that unvaccinated customers, visitors, or guests wear face coverings in public-facing workplaces such as retail establishments, and that all customers, visitors, or guests wear face coverings in public, indoor settings in areas of substantial or high transmission.
  • Recording and reporting COVID-19 infections and deaths, in compliance with mandatory OSHA rules.
  • Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19 related hazards.

Takeaways

While OSHA’s guidance is advisory, and not mandatory, employers would be wary of that siren song. Keeping the beat with recommended health and safety guidance, even when not compelled, puts employers in the best position to protect their people and defend against claims.

For help developing your return to office plans, please contact your Baker McKenzie employment lawyer.