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The California Office of Administrative Law has approved the California Division of Occupational Health and Safety’s (Cal/OSHA) COVID-19 Prevention Non-Emergency Regulations (Non-Emergency Regulations). As a result, on February 3, 2023, Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards (ETS) expired, and the Non-Emergency Regulations went into effect.

Although extending many of the ETS requirements, as we previously reported, the Non-Emergency Regulations contain some notable changes. A redline comparing the Non-Emergency Regulations to the ETS is available here. Some important changes include:…

Continue Reading California’s Non-Emergency COVID-19 Prevention Regulations Are Now Effective

For more than two and a half years, employers across the country have navigated a nuanced web of legal requirements and guidance to safely operate during the global COVID-19 pandemic.  Recent updates to the legal landscape at the federal, state, and local level, however, have left many employers asking: is the COVID-19 pandemic finally over? For now, the answer remains “no.” This post discusses three key reasons why employers should continue to operate with the pandemic in mind.
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Continue Reading Is the COVID-19 Pandemic Over? For Employers, Not Yet

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As featured in #WorkforceWednesday:  This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).
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Continue Reading Video: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.
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Continue Reading Video: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities – Employment Law This Week

On January 26, 2022, the City and County of San Francisco released an updated Health Order No. C19-07y (the “Updated Health Order”), which addresses a number of rules issued in an effort to combat continued spread of COVID-19, including changes in exemptions to the universal indoor mask mandate.  Specifically, effective February 1, 2022, the Updated Health Order renews a previously-suspended masking exemption for vaccinated workplaces, with a few significant changes.

First, under the revised mask exemption, only employees who are “Up to Date” on vaccination (see below for definition) may go unmasked in the workplace, assuming the other conditions for the exemption are met.  Other individuals must wear masks at all times, subject to limited exceptions (e.g., alone, while eating).  Further, consistent with the Cal/OSHA definition of an outbreak, this exemption only applies if there have been no outbreaks (currently defined as three or more COVID-19 cases in an “exposed group” within a 14-day period) in the past 30 days.…

Continue Reading Mask On, Mask Off? San Francisco Again Revises Its Rules for Universal Face Coverings

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As featured in #WorkforceWednesday:  This week, we look at how state and local COVID-19 requirements and new COVID-19 benefits are shifting employers’ policies once again.
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Continue Reading Video: SCOTUS OSHA Decision Reactions and the Impact of New COVID-19 Benefits on Employers – Employment Law This Week

In connection with the new Emergency Temporary Standards (ETS) that went into effect on January 14, 2022, the California Division of Occupational Health and Safety (Cal/OSHA) has released the following COVID-19-related resources for employers:
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Continue Reading Cal/OSHA Releases Updated COVID-19 Resources for Employers

As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days earlier, the Court issued two unsigned decisions per curiam. A 5-4 decision in Biden v. Missouri dissolved a preliminary injunction against enforcement of an interim final rule (“Rule”) promulgated by the Centers for Medicare & Medicaid Services (CMS), requiring recipients of federal Medicare and Medicaid funding to ensure that their employees are vaccinated against COVID-19.
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Continue Reading SCOTUS Permits CMS Health Care Vax Rule but Rejects OSHA Vax-or-Test ETS for Large Employers

On December 27, 2021, the Centers for Disease Control and Prevention (CDC) announced an update to its isolation and quarantine guidance. Although the CDC’s update shortens both the isolation and quarantine periods, as described more fully below, the changes largely affect only asymptomatic individuals. Moreover, because local guidance may differ from the CDC’s recommendations, employers should keep in mind all applicable state and local requirements when deciding whether to amend their own rules.
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Continue Reading CDC Shortens Recommended COVID-19 Isolation and Quarantine Periods

Earlier this year, the New York State Workers’ Compensation Board adopted amendments to the regulations for the New York Paid Family Leave Benefits Law clarifying that when Paid Family Leave (PFL) is taken intermittently, the maximum number of intermittent leave days an employee may take is based on the average number of days the employee works per week.
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Continue Reading Cap on Intermittent New York Paid Family Leave Eliminated Effective January 1, 2022