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On July 7, 2021, the New York Department of Labor (DOL) published the NY Hero Act airborne infectious disease exposure prevention standard (the Standard) and industry-specific model airborne infectious disease exposure prevention plans as required under the NY Hero Act (the Act). As we previously discussed, the Act requires New York employers to implement extensive new workplace health and safety protections in response to a “highly contagious communicable disease” as designated by the New York State Commissioner of Health (Designation). Notably and significantly, while the NY Department of Health continues to deal with COVID-19 and a risk still exists, the DOL clarified that there is no current Designation for COVID-19 by the Commissioner and therefore, no New York employer is required to put a plan in effect at this time due to COVID-19.
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Continue Reading NY DOL publishes Hero Act standards and prevention plans, but immediate implementation not necessary

In light of the impact of the global COVID-19 pandemic, employers have made adjustments to facilitate remote working, with some considering maintaining expanded remote work policies even after government restrictions are lifted. However, employers should be aware of several legal issues and considerations that may apply when employees work from home and that “home” is located in another state or country. This post covers issues for employees in the United States, the United Kingdom, and France.
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Continue Reading Legal implications of remote work arrangements: perspectives from the U.S., UK, and France

The state of California, after a series of recommendations that were made and then withdrawn, has finally settled on new workplace safety guidance. The Cal-OSHA Advisory Board approved the updated workplace COVID-19 prevention protocols on June 17, 2021, and Governor Gavin Newsom immediately issued an executive order implementing them.…
Continue Reading CA employers finally have guidance from Cal-OSHA on updated workplace COVID-19 prevention protocols

As we previously discussed, on May 5, 2021, Governor Cuomo signed the NY Hero Act (the Act) into law, codifying health and safety protocols in response to the COVID-19 pandemic. On June 7, 2021, the New York State Legislature passed amendments (the Amendments) to the Act to address certain ambiguities, in particular regarding the logistics of complying with the Act’s terms. If the Amendments are signed by Governor Cuomo, as is expected, they will push back the effective date of the majority of provisions of the Act from June 4 to July 5, 2021, with the exception of the workplace safety committee provision, which will take effect November 1, 2021.
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Continue Reading New York set to amend the New York Hero Act

Update: The Emergency Temporary Standard was published in the Federal Register on June 21, 2021 as an interim final rule.

On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released the first nationwide emergency workplace safety rule per President Joe Biden’s January executive order directing the agency to pursue an emergency temporary standard for COVID-19. The newly published emergency temporary standard (ETS) applies only to employers in the healthcare industry, and requires such employers to protect their workers against on-the-job COVID-19 infections. Other employers should consult OSHA’s separately published guidance applicable to workers not covered by the ETS, also published on June 10 and covered in our separate blog post.

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Continue Reading OSHA issues COVID-19 emergency temporary standard for healthcare settings

On June 10, 2021, the same day that it released its long-anticipated COVID-19 emergency temporary standard (ETS) for healthcare settings (which we discuss here), the U.S. Occupational Safety and Health Administration (OSHA) also issued updated COVID-19 guidance for non-healthcare workplaces (Guidance). The Guidance provides that, with limited exceptions, employers generally need not implement any COVID-19 safety measures for fully vaccinated workers but should continue to take a multi-pronged approach to protecting unvaccinated workers and those who are “otherwise at-risk” due to compromised immunity. Unlike the healthcare ETS, the Guidance for non-healthcare settings is advisory and not legally binding.
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Continue Reading OSHA issues updated COVID-19 guidance for non-healthcare settings

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its “What you should know about COVID-19” Frequently Asked Questions (the FAQs), answering questions many employers have had regarding COVID-19 vaccinations and addressing additional considerations relevant to returning employees to the worksite. The FAQs include long-awaited guidance on how employers may provide incentives for employees to obtain vaccines, and also discuss employer inquiries about employee vaccination status and mandatory vaccine policies, among other issues.

Below are key takeaways from the EEOC’s May 28 guidance.…
Continue Reading EEOC releases guidance on permissible vaccine incentives and other COVID-19 vaccine issues

On May 18, 2021, Santa Clara County, California, issued a health order imposing new and significant obligations on employers in light of the increasing number of individuals that are being vaccinated against COVID-19.

The most significant requirement under the new health order, which went into effect on May 19, 2021, is that employers must inquire into, and continue to keep track of, the vaccination status of all personnel. The Santa Clara health order does not, however, require employers to request or record proof of vaccination. This requirement applies to Santa Clara employers regardless of whether they have a mandatory or voluntary vaccination program.

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Continue Reading Santa Clara County now requires employers to inquire about, and keep records regarding, employees’ vaccination status

As we recently discussed, last week the Centers for Disease Control and Prevention (CDC) announced guidance that loosened its COVID-19 rules for facial coverings and social distancing for fully vaccinated individuals. However, the CDC guidance was not intended to override, and explicitly made such guidance subject to, federal, state, or local rules.

In what should not be a surprise to employers in the Golden State, California had already announced that it will be maintaining its current masking guidance until at least June 15. Los Angeles County, despite boasting low and stable metrics, has announced that it will do the same in light of continued COVID-19 transmission.

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Continue Reading Masks must stay on for now in California and Los Angeles County

On April 16, 2021 Governor Newsom signed into law Senate Bill 93, which requires employers in certain industries to offer laid-off employees due to COVID-19 all job positions that become available for which the employee is qualified. Employees included in the act are those who had (1) been employed for at least six months in the twelve months preceding January 1, 2021; (2) worked two hours or more per week for a covered employer; and (3) were most recently separated from employment due to the COVID-19 pandemic (i.e. due to a public health directive, shutdown order, lack of business, reduction of force, etc.).

Employers covered by the new law include hotels, private clubs, airport hospitality operations, airport service providers, and those who provide janitorial, building maintenance or security services to offices, retail establishments or other commercial buildings.…
Continue Reading California requires employers in certain industries to rehire employees laid-off due to COVID-19