Hundreds of colleges and universities across the country, both public and private, have issued policies requiring students be fully vaccinated against COVID-19 prior to the start of the fall semester. In the first court case to address a challenge to a university’s COVID-19 vaccination mandate, the Northern District of Indiana denied a preliminary injunction motion
OSHA COVID-19 Emergency Temporary Standard Effective, With Enforcement Delays
After releasing an Emergency Temporary Standard (ETS) for COVID-19 for healthcare employers on June 10, 2021, the Occupational Safety and Health Administration (OSHA) has announced that it is publishing the ETS in the Federal Register on June 21, 2021. The publication gives the ETS immediate effect, but most elements of the ETS will not be
EEOC UPDATES ITS GUIDANCE ON VACCINATIONS
Just as you may have been preparing to settle into a relaxing Memorial Day Weekend, the EEOC issued additional informal guidance today concerning COVID-19 vaccination issues. Although there are still many holes to be filled, and employers continue to be left with incomplete guidance, here are some initial highlights and observations:
MANDATING THE VACCINE
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COVID-19 Vaccination: Setting Up On-Site Programs
The Biden administration has called for all people at least 18 to be eligible for the COVID-19 vaccine by April 19, 2021. Most states have already done so.
A BenefitsPro article cites a 2017 survey from the Society for Human Resource Management (SHRM) that found almost 60 percent of employers offer on-site flu vaccinations.
New York State Employees Entitled to Paid Time Off for COVID-19 Vaccinations
Effective immediately, New York State employers must provide employees with up to four hours of paid time off per COVID-19 vaccination. The new law sunsets on December 31, 2022.
The new law provides that:
- All New York employees must receive a paid leave of absence for “a sufficient period of time” not to exceed four
The American Rescue Plan Extends FFCRA Tax Credit, But Not the Mandate
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Plan”). The Plan is the most recent stimulus bill enacted to address the COVID-19 pandemic and it comes almost one year to the date the first COVID relief bill containing the Families First Coronavirus Response Act (FFCRA) was passed.
The
CDC Expands Guidance on Informed Consent to Support Workplace SARS-CoV-2 Testing
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a more comprehensive approach to reducing transmission of the virus in non-healthcare workplaces. SARS-CoV-2 is the virus that causes
Mandatory COVID-19 Benefits Under Families First Coronavirus Response Act Have Ended, Now What?
In March 2020, when Congress passed the Families First Coronavirus Response Act (FFCRA) with a sunset date of December 31, 2020, few anticipated the COVID-19 pandemic would be ongoing into 2021. Several similar state and local laws also sunset at the end of 2020. But the pandemic has not slowed, and requests for COVID-19-related leave
CDC Clarifies Critical Infrastructure Worker Guidance – Opportunities to Continue Working Potentially Narrowed After COVID-19 Exposures
On November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work before the end of the standard 14-day quarantine period following exposure to COVID-19. In this updated guidance, the CDC reiterated its standard recommendation that all individuals known to be exposed to a person
New York State Enacts State-Wide Paid Sick Leave Law
New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.
The new obligation is separate and distinct from the New York State Quarantine Leave Law enacted in response to COVID-19.
The statewide sick leave law applies to