Workforce Bulletin

Important guidance regarding COVID-19 testing in the workplace was recently issued by the Centers for Medicare & Medicaid Services (“CMS”) in the form of Frequently Asked Questions regarding Over the Counter (“OTC”) Home Testing and CLIA Applicability.

CMS regulates clinical laboratory testing pursuant to the federal Clinical Laboratory Improvement Act (“CLIA”). Generally, a laboratory or clinical setting (such as a physician’s office) must obtain CLIA certification to perform laboratory testing. Some OTC tests, however, are approved by the Food and Drug Administration (“FDA”) for home use and the new FAQs address the use of OTC home tests in the workplace.

On August 6, 2021, New Jersey Governor Philip Murphy signed Executive Order 252 (“Order 252”) requiring health care and high-risk congregate settings to maintain a policy requiring workers to either provide adequate proof of vaccination or submit to weekly COVID-19 testing. Although Governor Murphy declared an end to the state’s Public Health Emergency in June, he retained the authority to issue orders related to vaccine distribution, administration, and management as well as COVID-19 testing and data collection. Following the CDC’s vaccine guidance, Order 252 ...

The Families First Coronavirus Response Act (“FFCRA” or the “Act”) paid leave mandates are set to expire on December 31, 2020.  As explained in our March 20, 2020 Act Now Advisory, the FFCRA requires employers with fewer than 500 employees to provide up to 80 hours of Emergency Paid Sick Leave and up to 12 weeks of Public Health Emergency Leave due to COVID-19-related reasons.  The FFRCA also provides employers with a payroll tax credit equal to 100 percent of the cost of the paid leave taken by employees in accordance with the Act.

With COVID-19 continuing to surge across the ...

In advance of the December holiday season, the CDC has issued a revised guidance on recommended quarantine periods.

The revised guidance provides shortened quarantine periods for individuals who have been in close contact with someone who has COVID-19. While the CDC maintains that the 14-day quarantine period provides greater protection for reducing transmission of the coronavirus, the agency has now provided two shorter options, which it says are designed to help alleviate the personal economic hardship associated with the extended quarantine period.

Pursuant to the ...

As featured in #WorkforceWednesday: The Centers for Disease Control and Prevention broadened its definition of “close contact.” Now, spending a total of 15 minutes within six feet of an infected individual over a 24-hour period counts as close contact. Previously, it was an exposure period of 15 consecutive minutes.  Attorney Denise Dadika explains what this change means for employers.

Video: YouTube, Vimeo, MP4, Instagram.