On Sep. 9, 2021, the White House issued Path Out of the Pandemic: President Biden’s COVID-19 Action Plan. The Plan outlines a six-pronged approach, portions of which will impose new obligations on employers across the country.
Following on the heels of an executive order by Oregon’s governor requiring full vaccination for teachers, staff, and volunteers in K-12 schools, the Oregon Health Authority yesterday issued a new rule requiring that healthcare providers and healthcare staff be vaccinated against COVID-19 as of Oct. 18, 2021.
The Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, on Aug. 13, 2021.
A week after issuing the first in the nation order mandating all healthcare workers to be vaccinated against COVID-19, on Aug. 11, 2021, the state of California issued an order mandating either vaccination or regular testing for all workers of schools throughout the state.
Puerto Rico has made COVID-19 vaccination mandatory for additional industries after Governor Pedro R. Pierluisi extended vaccination requirements for employees in the health and hospitality sectors beginning Aug. 16, 2021.
Federal contractors are being contacted by their contracting agencies about implementing requirements relating to President Biden’s mandate that all federal employees and on-site contractor employees either be vaccinated against COVID-19 or face repeated testing.
Connecticut is requiring certain healthcare employees be vaccinated with the COVID-19 vaccine. Connecticut joins other states, including Washington and Massachusetts, in mandating vaccination.
Puerto Rico Governor Pedro R. Pierluisi has issued an Executive Order (EO-2021-058) making COVID-19 vaccination mandatory for all public employees in the Executive Branch.
New Jersey is requiring employers in covered healthcare and high-risk congregate settings to establish a policy that: (1) mandates vaccinations or weekly testing for workers; (2) creates a system to track the results of the applicable testing requirements; and (3) creates a system to communicate the results of such testing to local public health departments.
The Oregon legislature has temporarily amended Oregon’s Equal Pay Act to allow employers latitude to both encourage COVID-19 vaccinations and to attract new employees as the state emerges from COVID-19 business restrictions.
California state and some local COVID-19 supplemental paid sick leave requirements continue through the summer, and the City of Los Angeles’ mayor issued a public order mandating additional paid leave.
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention 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.
While its rollout has been slow, the vaccine is being administered across the U.S. and in other countries. For a variety of reasons, organizations want to know whether their workforce members (employees, contractors, etc.) have been vaccinated. The EEOC has provided some guidance on the issue.
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated for seasonal influenza and/or COVID-19 infection.