Since California announced plans for “preparing to get back to normal,” many California employers have eyed California’s reopening date of June 15th as the date they can return to the office or resume normal operations. But even though it is clear California wants to reopen the economy, California employers that are preparing their return
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U.S. Border Travel Restrictions Extended to June 2021
By tweet, the Department of Homeland Security announced an extension of the travel restrictions at the Northern and Southern land and sea borders until June 21, 2021. These borders have been closed to “non-essential” travel since March 2020 due to COVID-19. According to the restrictions:
- Individuals are not admitted for tourism, sightseeing, recreation, gambling, attending
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Incentives: From Water Bottles to “Not so Substantial”
For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement on the topic, this time related to incentives for COVID-19 vaccinations.
The ADA prohibits employers from requiring medical examinations or…
Montana Makes Vaccination Status a Protected Class
Discrimination based on vaccination status is prohibited under a new Montana law (House Bill 702). Enacted on May 7, 2021, the new law went into effect immediately.
The new law provides that employers, including governmental entities, are prohibited from refusing employment to a person or discriminating against a person in compensation or in…
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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Despite Relaxed CDC COVID-19 Guidance, No Relaxing of Rules (Yet) in California, Virginia
The Centers for Disease Control and Prevention (CDC) has offered new COVID-19 guidance indicating that fully vaccinated individuals no longer need to wear masks or maintain physical distance from others in most settings. However, questions about employers’ compliance obligations and general duty expectations under the Occupational Safety and Health Act of 1970 (OSH Act) remain.…
ICE Announces I-9 Flexibility Will Continue through the Summer
ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021.
Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form I-9 documents virtually, over video link, by fax or via email. In April 2021, the Department of…
USCIS Updates Visitor Policy in Response to CDC Guidance on Fully Vaccinated People
Based on the Centers for Disease Control and Prevention’s (CDC) updated guidance, USCIS is opening its doors to “unmasked,” “fully vaccinated” people.
According to USCIS’ new visitor policy:
- Fully vaccinated people (those who are at least two weeks out from a dose of a single-dose vaccine or the second dose in a two-dose
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Long-Term Care Facilities Must Educate, Offer, and Report on COVID-19 Vaccinations for Residents and Staff, According to CMS Interim Rule
On May 11, 2021, the Centers for Medicare & Medicaid Services (CMS) of the U.S. Department of Health & Human Services published an interim final rule/guidance to establish COVID-19 vaccination requirements for Long-Term Care (LTC) facilities. The requirements are applicable to both residents and staff. LTC facilities have already been managing COVID-19 vaccination requirements both…
IRS Provides Clarity on ARPA COBRA Subsidy Impact on State “Mini-COBRA” Plans
In our most recent summary of IRS Notice 2021-31, we noted the Internal Revenue Service provided much-needed clarity to looming compliance challenges as employers, insurers, and others race to implement the applicable COBRA premium subsidy provisions of the American Rescue Plan Act of 2021 (ARPA). While there are many other important clarifications made by…