Labor & Employment

On July 29, 2021, President Biden announced that “to help protect workers and their communities,” all employees of federal contractors working onsite at government facilities will be asked to “attest to their vaccination status.”  Those who do not attest to being fully vaccinated will be required to:  (1) wear a mask on the job; (2)

In a memo dated July 6, 2021, the DOJ’s Office of Legal Counsel concluded that the COVID-19 vaccines’ status as products authorized for emergency use does not prohibit public and private entities from requiring them as a condition of employment, education, or receipt of services. This memo comes on the heels of a recent decision

On June 21, 2021, OSHA’s much-anticipated Emergency Temporary Standard (“ETS”) on COVID-19 protections went into effect.  While Proskauer’s Law and the Workplace blog covered the ETS in detail here, this post focuses on the anti-retaliation provision in the ETS.

Anti-Retaliation Provision

The ETS, which applies only to the health-care sector, contains an anti-retaliation provision

On June 23, 2021, the New York State Department of Health issued an Emergency Regulation requiring non-fully vaccinated individuals to wear face coverings in workplaces and other public settings. The publication of this Emergency Regulation comes at the heels of Governor Cuomo’s June 15, 2021 announcement that New York Forward industry guidance would become optional,

On June 21, 2021, OSHA’s first emergency temporary standard (“ETS”) aimed at limiting the spread of COVID-19 in the workplace went into effect.  The mandatory standards apply only to the health-care sector.  OSHA also released several Fact Sheets and almost 100 FAQs regarding the ETS.

In addition, OSHA released updated non-mandatory guidance for industries outside

As we previously reported (here), Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special meetings to revise its controversial Emergency Temporary Standards (“ETS”) related to the ongoing COVID-19 pandemic.  And, on June 17, 2021, OSHSB approved updated ETS language that more closely aligns California’s workplace safety requirements with recommendations

On June 8, 2021, New York State issued updated Interim Guidance for Office Based Work, which provides guidance to businesses regarding capacity limits, face coverings, screening requirements, and more. This latest update, in large measure, was intended to incorporate the CDC’s guidance exempting fully vaccinated individuals from face covering and social distancing requirements in most

Quick Hit:  Maryland has joined Virginia and New York in enacting a COVID-19 workplace safety law (HB 581), the Maryland Essential Workers’ Protection Act (the “EWPA” or the “Act”).  The law imposes workplace requirements on certain employers during a health emergency – employers that operate in certain essential sectors and have employees who