Tag archives: covid19

US: Mandatory COVID-19 vaccines and employer health and safety obligations

Federal OSHA has recently released guidance advising on employer health and safety obligations when employers require employees to receive the COVID-19 vaccination as a condition of employment. Specifically, OSHA addresses the potential (albeit rare to date) of an employee who incurs an adverse reaction to a mandated vaccination. In such a situation, the reaction will be deemed “work-related.”

The ultimate effect of this guidance is that if the adverse reaction involves days away from work, restricted work, transfer to another job or medical treatment beyond first aid, it will be considered a “recordable” incident. In other words, the reaction will … Continue Reading

US: Why a Mandatory Vaccination Policy May Not Restore Business as Usual for Companies

Throughout the United States, employers are weighing whether to have a mandatory vaccination policy for COVID-19. The objective is to bring employees back to work safely and the understandable desire to return to our pre-pandemic status quo.

Mandatory vaccination policy

This post does not advocate in favor or against a mandatory vaccination policy—except to note there may be good reasons not to require it; the law requires accommodation from such a requirement in some circumstances; and there is no clear legal authority to compel employees as a condition of employment to receive a vaccine which has only FDA Emergency Use Authorization. Rather, it’s … Continue Reading

US: New York employers must provide paid time off for COVID-19 vaccinations

New COVID-19 vaccine paid time off requirement for New York employers

New York employers should be aware of a recently enacted New York State law that entitles employees to paid time off from work to receive COVID-19 vaccinations.

COVID-19 vaccine

Under this new law, New York employers must grant each employee a sufficient period of time, not to exceed four hours per vaccine injection, to take leave for purposes of obtaining a COVID-19 vaccine.

For employees who will receive a two-dose COVID-19 vaccine such as the Pfizer or Moderna vaccine, this means that such employees will be entitled to up to eight … Continue Reading

US: California employers must take measures to curb workplace spread of coronavirus under emergency CAL/OSHA rules

The California Occupational Safety and Health Standards Board has approved emergency, temporary COVID-19 regulations under California’s Occupational Safety & Health Act. California employers must now establish specific measures to curb the spread of COVID-19 in nearly every workplace in California.  The emergency regulations, which the Standards Board approved on Thursday night by a unanimous vote, must first be submitted to the Office of Administrative Law (OAL) for final approval. Upon submission, the OAL will have only 10 calendar days to approve or deny the proposed emergency regulations. If approved, the OAL will file the emergency regulation with the Secretary of … Continue Reading

US: Virginia becomes first state to adopt COVID-19 Emergency Temporary Standard

On July 27, 2020, the first state “Emergency Temporary Standard” (ETS) for COVID-19 went into effect. The ETS requires employers in the state to develop and implement COVID-19 prevention and control measures in the workplace. The ETS is in effect for six months, although this period could be shortened if the Virginia State of Emergency expires, a permanent standard is enacted or the Virginia Safety and Health Codes Board repeals it.

Employers covered by the Emergency Temporary Standard

The ETS applies to all public and private employers and places of employment in Virginia, with the exception of federal employers, private … Continue Reading

US: California: San Francisco employees laid off due to COVID-19 may have reemployment rights under new ordinance

On July 3, San Francisco’s new “Back to Work” emergency ordinance took effect, requiring employers to rehire certain employees laid off as a result of the COVID-19 pandemic when the employer seeks to fill the same position formerly held by the laid-off worker, or a substantially similar position. The ordinance will expire on September 2, 2020, but may continue if extended by the City of San Francisco.  For more information on the requirements of this new ordinance creating special reemployment rights, see our legal update, With San Francisco’s Back to Work Ordinance now in effect, employees laid-off due to COVID-19 Continue Reading

US: Return to work considerations for New York employers during COVID-19 pandemic

Businesses with operations in New York State and, particularly, in New York City, face unique obstacles with respect to reopening their businesses during the COVID-19 pandemic.  With over 380,000 confirmed cases across the state, and over 200,000 confirmed cases in New York City, most New York residents have been affected by the virus in some way, and many are apprehensive about reentering the workplace. New York City’s dense population of over 8 million residents and approximately 10 million commuters — many of whom rely on public transportation — undoubtedly exacerbates these concerns.  In light of these concerns, Governor Cuomo extended … Continue Reading

US: Return to work in an office environment: Employer considerations and best practices

Many businesses quickly shifted to remote work, where possible, and abandoned operations in an office setting when COVID-19 became a pandemic or when jurisdictions required or encouraged people to stay at home. Now, as these businesses contemplate resuming operations in the general office setting, they are grappling with a myriad of issues and concerns.  See our article COVID-19:  Best practice considerations for resuming work in an office setting for employer considerations for resuming work in the office setting, including advice on determining when to reopen, determining modifications to be made in the workplace, employee communication and training considerations, implementing the … Continue Reading

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