On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from enforcing its COVID-19 vaccine mandate nationwide as to non-plaintiff states. Louisiana et al v. Becerra et al., No. 3:12-cv-03970 (W.D. La. December
States
A Busy Day in Court For COVID-19 Vaccine Mandates in Healthcare
By Sarah R. Skubas on
Posted in Healthcare, New York
The U.S. Supreme Court denied a request to enjoin New York State from enforcing its regulation requiring COVID-19 vaccination for healthcare workers despite the fact that the regulation did not allow for religious accommodations. The Court did not issue any written opinion or rationale but was accompanied by a 14-page dissent by Justice Gorsuch.
Meanwhile,…
Will They or Won’t They? Cal/OSHA Scheduled to Vote on ETS Readoption
By Sean Paisan on
Posted in California
The federal OSHA COVID-19 Emergency Temporary Standard (ETS) is currently paused while the Sixth Circuit decides its fate. Similarly, Cal/OSHA had previously postponed its discussions of changes to the state’s COVID-19 ETS to see what would happen with OSHA.
However, time is starting to tick on the current Cal/OSHA ETS, which expires on January…
Proposed San Francisco Ordinance to Require Paid Sick Leave for Domestic Workers
Posted in California
Most employees in San Francisco (and throughout California) receive one hour of paid sick leave for every 30 hours worked. The San Francisco Board of Supervisors is now considering an ordinance that would broaden the availability of paid sick leave to domestic workers by establishing a “portable” paid sick leave system.
The “Domestic Workers’ Equal…
Washington State Continues to Mandate COVID-19 Vaccination for Certain Workers
Washington’s Governor Jay Inslee has issued Proclamation 21-14.3 to require certain workers be fully vaccinated against COVID-19. Read more.
Federal Contractor Vaccine Mandate Temporarily Enjoined in Three States
A federal judge in the case of Commonwealth of Kentucky v. Biden has decided President Joe Biden likely overstepped his authority with Executive Order 14042 in requiring federal contractors to mandate COVID-19 vaccinations for their employees. Adding additional complexity and confusion to the already muddied landscape, the decision enjoins the Order for going into effect…
Philadelphia Mandates COVID-19 Vaccine for All City Workers
On November 19, 2021, the City of Philadelphia announced that all City workers must “complete a full schedule of COVID-19 vaccination(s)” by January 14, 2022, or risk losing their jobs. Read more.
COVID-19 State Updates
By Jackson Lewis P.C. on
Several states, Washington D.C., and Puerto Rico have made updates to their COVID-19-related laws, regulations and orders.
List of States Limiting Employer COVID-19 Vaccine Mandates Continues to Expand
Iowa, Tennessee, Utah, and Florida recently have joined the expanding list of states passing laws curtailing the use of COVID-19 vaccine mandates by private employers. Read the…
Update on Face Coverings in California
By Conor J. Dale & Benjamin A. Tulis on
Posted in California
In June, California relaxed many of its COVID-19 restrictions, including allowing fully vaccinated individuals to go without a face covering indoors, with limited exception. Also in June, Cal/OSHA passed an amended Emergency Temporary Standard (“ETS”) that allowed for fully vaccinated employees to go without a face covering in most situations.
However, as California…
Cal/OSHA Proposes to Expand COVID-19 Emergency Temporary Standards Through April 2022
By Sean Paisan & Sierra Vierra on
Posted in California, Workplace Safety and Health
Since the drama in passing the amended COVID-19 Emergency Temporary Standards (ETS) in June, the Cal/OSHA Board has been relatively quiet, though discussing a more permanent COVID-19 Standard. In the meantime, federal OSHA took the spotlight with President Biden’s COVID-19 Action Plan.
Currently, the Cal/OSHA ETS is set to expire on January…