The COVID-19 vaccine brings renewed optimism and hope, along with a host of questions and compliance issues for employers. Our team of industry leading employment attorneys have created the resources on this page to help employers keep up with the status of the plans to roll out COVID-19 vaccines in each state. For more information, contact a Seyfarth attorney.
Resources
To help employers navigate the unknown, our team is issuing guidance on the employment law, employee safety and health, and labor-management relations issues related to the vaccine.
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OSHA Withdraws Vaccine, Testing ETS
OSHA has withdrawn its private employer COVID-19 Vaccination and Testing ETS, effective Tuesday, January 25, 2022
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DC's Vaccine Mandate: Business Impacts
Beginning on February 15, 2022, all patrons must show proof that they have received at least two doses of the COVID-19 vaccine.
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Is Vaccine Arbitration the Answer?
Except perhaps in rare cases, federal and state anti-discrimination laws require employers to consider medical or religious objections to vaccination.
Vaccine News & Insights
As of May 12, 2023, nonimmigrants entering the US no longer need to be vaccinated against COVID-19. However, applicants filing an Adjustment of Status application or an immigrant visa at a U.S. Consulate/Embassy abroad must continue to be vaccinated against COVID-19, consistent with the CDC’s guidance.
In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair Employment and Housing Act (FEHA) prohibition on disability discrimination. This decision adds much-needed guidance to a vexing and evolving area of law. Particularly now, in the aftermath of the COVID-19 pandemic, employers must be prepared to navigate the potential entanglements between vaccine requirements and FEHA.
This law amends the existing law in Florida that prohibits business from requiring documentation of vaccination status from customers and patrons.
As of May 12, 2023, the US will no longer require nonimmigrants to be vaccinated against COVID-19 to enter the US by land, air, or sea. This timing coincides with the recently announced end of the COVID-19 Public Health Emergency on May 11, 2023.
The Massachusetts Supreme Judicial Court recently issued an opinion affirming the City of Boston’s power to impose certain health and safety policies on public workers without bargaining.
The Biden Administration has announced that the COVID-19 Public Health Emergency (PHE) and COVID-19 National Emergency (NE) will expire May 11, 2023.
With concerns of infectious disease at the forefront of workplace health and safety in the past several years, and with the traditional flu and cold season upon us, OSHA has reminded the regulated community to prevent the spread of infectious diseases during the holiday season by encouraging its workforce to get the flu vaccine.
In a wide-ranging and high-profile decision, a New York State Supreme Court Justice held that New York City’s public- and private-sector COVID-19 vaccination mandates are “arbitrary and capricious” in violation of state law.
Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates.
In lieu of the mandate, the City is asking businesses to encourage their employees to get vaccinated and stay up-to-date on boosters.
The CDC has found that COVID-19 cases, hospitalizations, and deaths are leveling off from their rise over the summer. The CDC advises that Americans can help prevent these numbers from increasing again by staying up to date with COVID-19 vaccinations.
On August 11, 2022, the CDC, through a press release, eased its COVID-19 guidance to “help us move to a point where COVID-19 no longer severely disrupts our daily lives,” while acknowledging that the pandemic is not over.
Beyond adding another vaccination option in the fight against COVID and its evolving variants, reports suggest those with religious-based objections to previously-approved COVID-19 vaccines may be more accepting of the Novavax vaccine.
Employers continue to face issues as the workplace returns to some level of pre-COVID-19 normalcy. Employers should be diligent in reviewing the updated guidance to ensure their policies and practices are compliant.
The FDA has noted that vaccines and boosters currently available are significantly less effective against these new variants, and the agency is working with vaccine manufacturers to tailor boosters to address these inadequacies, as well as to anticipate further evolution of the virus.
Please note: while we address some country-specific updates related to the COVID-19 outbreak, the below contains information regarding global restrictions and closures as they stand today.
Headlining the employment-related bills that passed the May 27, 2022, House of Origin Deadline is AB 85, which extended COVID-19 Supplemental Paid Sick Leave to September of this year, as well as bills related to accommodations, leaves, retaliation, and workers’ compensation.
New York now aligns with the CDC’s recently-revised recommendations, under which a second booster for those 50 and older and for those 12 and older who are immunocompromised, is considered “up to date.”
Please note: while we address some country-specific updates related to the COVID-19 outbreak, this post contains information regarding global restrictions and closures as they stand today.