New Relaxed Covid Isolation Requirements The California Department of Public Health (“CDPH”) revised the COVID guidelines to match the federal Centers for Disease Control and Prevention (“CDC”) recommendations for Isolation and Precautions for People with COVID-19: •Employees can leave isolation after five days if they are feeling well,...
HOPEFULLY THE LAST COVID-19 CDPH SUBSTANTIVE UPDATE On September 13th, the California Department of Public Health ("CDPH") issued another COVID-19 order for health care and school workplaces[1] that, while it does not rescind other areas, does rescind weekly testing requirements for health care workers (“HCW”) who had not vaccinated (but...
SAY IT AIN’T SO: EMPLOYERS ADVISED TO FIRE UNVACCINATED? State courts across the country have upheld employers' mandatory vaccination policies. Those decisions are winding their way toward the Supreme Court, which will likely have to weigh in on the enforceability of the Occupational Safety and Health Administration's (“OSHA”) emergency temporary rules...
OSHA’s COVID-19 Vaccine-Testing Mandate Back in Effect On December 17, the Sixth Circuit Court of Appeals lifted the nationwide stay on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) that had been imposed by the Fifth Circuit, requiring the ETS’s employer vaccination and testing requirements for COVID-19...
WHEN IS IT AN UNDUE HARDSHIP FOR AN EMPLOYER TRYING TO WORK THROUGH A COVID-19 VACCINE ACCOMMODATION REQUEST? Employers face medical and sincerely held religious belief objections to COVID-19 vaccinations and anti-discrimination laws (e.g., Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title...
Federal Appeals Court in New Orleans Blocks Federal Mandatory Vaccine Requirements for Large Employers The 5th U.S. Circuit Court of Appeals in New Orleans issued a stay temporarily blocking the Federal mandatory vaccination requirement for employers with 100 or more employees. The U.S. Department of Labor (“DOL”) immediately responded saying...
TODAY - OSHA ISSUED GUIDANCE FOR VACCINE MANDATES By December 4, 2021, large employers (those with over 100 employees, including remote and part time employees - everybody) must put in place vaccine mandate requirements for employees. Today OSHA issued the Emergency Temporary Standards (“ETS”) for large employers and Frequently Asked...
UPDATE: Religious Exemptions from COVID-19 Vaccinations On October 25, 2021, the EEOC released an update[1] religious exemptions from COVID-19 vaccination. The EEOC notes that requests for accommodation should be handled on a case-by-case basis. And in deciding how to proceed, the employer and employee should consider that: •Even...
TO BOOST OR NOT TO BOOST? IS THE THIRD JAB REALLY NECESSARY? Many of Epps & Coulson, LLP’s employer clients have implemented vaccine and/or COVID testing policies. We have addressed these issues in prior updates (e.g. https://eppscoulson.com/california-implements-and-encourages-all-employers-to-adopt-measures-to-combat-delta-variant/). The next question lingering in the minds of many Employers: should we require...
Employers - Reopening Businesses The Center for Disease Control and Prevention’s (“CDC”) surprise relaxation of the COVID-19 mask guidance on Thursday, May 13th, puts us on a path to pre-pandemic life for fully vaccinated people. But, employers should consider whether to relax pandemic health and safety protocols at the workplace...