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On December 17, 2021, in a “Friday Night Surprise” the Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standard (ETS).  This seminal ETS applies to employers with 100 or more employees and requires that employees be either (1) vaccinated; or (2) weekly tested and fully masked if unvaccinated.  While it is anticipated that the Supreme Court will ultimately decide whether the ETS stands, OSHA has already stated that they will begin enforcement of the ETS in January 2022.  Specifically, OSHA will enforce all requirements except testing for unvaccinated employees beginning January 10, 2022, and enforcement related to testing will begin February 9, 2022.
Continue Reading OSHA Emergency Temporary Standard Survival Guide

On November 4, 2021, in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), issued an Emergency Temporary Standard (“ETS”).  You can read our prior article about the ETS here.  Generally, the ETS mandates all employers with 100 or more employees to require employees be vaccinated against COVID-19 or undergo weekly testing.  The ETS was immediately halted when the United States Court of Appeals for the Fifth Circuit issued a temporary stay.  Then, numerous lawsuits were filed across the nation, and actions were pending in each of the other Circuit Courts.  The Sixth Circuit “won” the multidistrict lottery, and was selected to hear the combined challenges, including OSHA’s emergency motion to dissolve the stay.  You can read our prior article about the temporary stay here.
Continue Reading Sixth Circuit Reinstates OSHA’s Emergency Temporary Standard for Private Employers Mandating COVID-19 Vaccinations or Weekly Testing

On December 6, 2021, New York City Mayor Bill de Blasio announced a vaccine mandate which requires that all private sector employees who work in a workplace in the presence of another worker, or who interact with a member of the public, be vaccinated by December 27, 2021.  The mandate applies to approximately 184,000 businesses in the City.  It extends a vaccine mandate to those employees who were not previously covered by the “Key to NYC” vaccination requirements.  Accordingly, private sector employees who report to work in person or interact with the public will need to be vaccinated by December 27.
Continue Reading New York City Requires Private Sector Employees to Be Vaccinated by December 27

On December 13, 2021, the California Department of Public Health issued binding guidance requiring all Californians statewide to mask indoors irrespective of vaccination status. The new guidance supersedes California’s current guidance, which only requires masks for individuals on public transit and in K-12 schools and childcare facilities, emergency shelters and cooling centers, healthcare settings, state and local correctional facilities and detention centers, homeless shelters, long term care settings, adult and senior care facilities, and for unvaccinated individuals in all indoor public settings and businesses. The new guidance will go into effect on December 15, 2021, and will continue through at least January 15, 2022.
Continue Reading California Department of Public Health Requires Universal Indoor Masking Through January

On November 23, 2021, the New York City Council passed a bill requiring New York City employers to provide employees who are parents or legal guardians of a child with four hours of paid COVID-19 child vaccination time, per injection and per child (“Child Vaccination Leave”).  The bill amends New York City’s Earned Sick and Safe Time Act, and is currently awaiting Mayor de Blasio’s signature.  The legislation is retroactive to November 2, 2021 when the Centers for Disease Control and Prevention voted to authorize the Pfizer-BioNTech vaccine for use in children aged 5 to 11 years old.
Continue Reading NYC Council Passes Bill Granting Paid Sick Leave to Parents Vaccinating Children Against COVID-19

On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated mandate-or-test workplace vaccine emergency rule (“the Rule”).  The Rule requires employers with 100 or more employees to either mandate covered employees be fully vaccinated against COVID-19 or require covered employees that are not fully vaccinated to test for COVID-19 at least weekly and wear a face covering.  The Rule went into effect immediately on November 5 with employers expected to comply by no later than January 4, but implementation has since been halted due to pending legal challenges.  For more information of the Rule requirements and specifics, see our prior article It’s Here: OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers.
Continue Reading Challenged – OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers Halted

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) expanded its prior guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to include recommendations for employers who receive religious objections from employees in response to the employer’s mandatory COVID-19 vaccination policy.  Specifically, the EEOC added section L to its prior guidance, which addresses specific questions relating to religious objections.  The newly added questions are set forth below.  All employers should review and familiarize themselves with this guidance as they continue to face objections and accommodation requests from employees with respect to COVID-19 vaccine mandates.
Continue Reading EEOC Publishes New Guidance Regarding Objections to COVID-19 Vaccines Based Upon Employee Religious Beliefs

The much-anticipated vaccine rule is here.  On November 4, 2021, and in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Commission, issued the Emergency Temporary Standard (“the Rule”), requiring mandatory vaccination or weekly COVID testing for many U.S. employers.  The Rule is effective immediately.
Continue Reading It’s Here: OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers

Prior COVID-19 Travel Bans Repealed as of November 8, 2021

On October 25, 2021, President Biden announced the suspension of the COVID-19 travel bans from Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom.  Previously, a National Interest Exception waiver was required.  With this new Proclamation, the White House announced a global vaccination requirement for all adult foreign national air travelers and authorized the Centers for Disease Control (CDC) to provide specific regulations.  The White House announcement can be found here.Continue Reading Sheppard Mullin Travel Checklist ‒ New Vaccination Travel Restrictions for Entry Into the United States: Air and Land Rules Effective November 8, 2021

In a move sure to generate controversy, confusion, and litigation, on October 11, 2021, Texas Governor Greg Abbott issued an Executive Order effectively prohibiting all private businesses from requiring employees or customers be vaccinated against COVID-19.
Continue Reading COVID Confusion: Texas Governor Issues Executive Order Effectively Banning Vaccine Mandates