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On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing.  This action came shortly after the United States Supreme Court stayed the immediate implementation and enforcement of the ETS.  You can read our prior article about the Supreme Court’s ruling here.  Although the Supreme Court did not rule on the merits of whether the ETS could ultimately stand, the Court indicated when it imposed its emergency stay that the applicants challenging the ETS would likely succeed.
Continue Reading COVID-19 ETS Requiring Vaccination or Weekly Testing Withdrawn

The American Rescue Plan Act (“ARPA”) requires the full cost of COBRA premiums to be subsidized for COBRA continuation coverage during the period from April 1, 2021 through September 30, 2021 (“Subsidy Period”) of certain assistance-eligible individuals (“AEI“) whose COBRA qualifying event was due to an involuntary termination or reduction in hours. Our prior blog post, COBRA Premium Assistance Under the American Rescue Plan Act of 2021 – What Employers Should Know, provides information about the ARPA COBRA subsidy and associated notice requirements. ARPA also required employers to comply with certain notice obligations, first at the outset of the Subsidy Period to make the AEIs aware of the subsidy, and now to inform AEIs that the subsidy is nearing expiration through what is known as the Notice of Expiration of Period of Premium Assistance (“Expiration Notice”).
Continue Reading Reminder: ARPA COBRA Subsidy Expiration Notice Due by September 15

On Thursday, August 12, 2021, the San Francisco Department of Public Health (SFDPH) published an order strengthening the COVID-19 safety requirements applicable to many business establishments and event spaces in the City and County of San Francisco (the “Order”).  As outlined below, the Order requires significant new vaccine mandates for San Francisco businesses operating (1) Indoor Food and Drink and Fitness Facilities; (2) Large Outdoor and Indoor Events; and (3) High Risk Care or Living Settings and Other Health Care Facilities.
Continue Reading San Francisco Mandates Proof of Full Vaccination for Entry Into Many Establishments

What a difference three months makes.  In May 2021, the Centers for Disease Control and Prevention (“CDC”) announced that fully vaccinated individuals could forgo masks and social distancing requirements in most indoor and outdoor locations.  At that time, the Alpha variant was not all that transmissible in the fully vaccinated, and millions of vaccine shots were doled out each day.  But now, with the increasing spread of the transmissible Delta variant, the CDC has updated its guidance to recommend that fully vaccinated individuals wear masks in public indoor settings in areas of substantial or high transmission.
Continue Reading Return of the Mask: CDC Issues New Recommendations for Fully Vaccinated Individuals

As the number of confirmed positive cases of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. continues to rise, employers must prepare for issues that will inevitably arise as the virus spreads.  While the Center for Disease Control (“CDC”) currently advises that “most people in the United States will have little immediate risk of exposure,” it is prudent for employers to evaluate their organizations’ current policies and practices in the event a major outbreak occurs.  Some issues to consider include the following:
Continue Reading What Employers Need To Know To Prepare For Coronavirus