Vaccines

As we previously posted, the City of Philadelphia is mandating healthcare workers and those who work, volunteer, or attend classes at higher education institutions in the city receive the COVID-19 vaccine.  The initial deadline for all covered individuals to be vaccinated or have a medical or religious exemption was October 15, 2021.… Continue Reading

The White House has announced that OSHA will develop a new temporary emergency standard requiring private employers of 100 or more employees to mandate full vaccination or weekly testing for employees.  In addition, the President reportedly will sign an Executive Order expanding the requirements for federal contractors to vaccinate their employees which may reach contractors whose employees are not at government facilities. … Continue Reading

As we previously posted, the City of Philadelphia announced that vaccines will be mandatory for healthcare workers and those at colleges and universities in the city, absent a religious or medical exemption, beginning on October 15, 2021. On August 16, the Board of Health adopted the Emergency Regulation Governing the Control and Prevention of COIVD-19 Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare and Related Settings (“Emergency Regulation”).… Continue Reading

The City of Philadelphia announced new masking restrictions on August 11. Beginning at 12:01 a.m. on August 12, indoor businesses and institutions in Philadelphia must either require masks for employees and customers or verify that everyone is fully vaccinated. For businesses that do not require proof of vaccination, all customers and employees must wear masks, regardless of vaccination status.  … Continue Reading

Effective September 7, 2021, staff in New Jersey’s public and private health care facilities and congregate settings deemed “high risk” must receive the COVID-19 vaccine or, alternatively, be subject to COVID-19 testing one to two times per week.  A list of the type of impacted facilities is available here.

By September 7, health care facilities with unvaccinated employees must have a plan for regular testing. … Continue Reading

Below are a number of significant developments related to COVID-19 that impact businesses of all sizes, across industries:

DOJ Says Vaccine Mandates Not Prohibited by EUA

This week, the Department of Justice (DOJ), Office of Legal Counsel (OLC) released to the public, a memo dated July 6, 2021. The memo can be found here and discusses vaccine mandates and the OLC’s position that the Food, Drug, and Cosmetic Act’s (FDCA) Emergency Use Authorization (EUA) provisions do not prohibit employer vaccine mandates.… Continue Reading

In a closely-watched case that may be a preview of other court decisions involving COVID-vaccination mandates for students returning to school and employees returning to the workplace, a federal district court has denied a request to enjoin Indiana University’s COVID-19 vaccine policy for students. The policy includes a requirement that students provide documentation proving that they have been vaccinated – a so-called “vaccine passport.”… Continue Reading

With California set to lift nearly all masking and social distancing requirements on June 15, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) has placed the burden on employers with unvaccinated workers to continue to have them masked.  On Thursday June 3, Cal/OSHA approved a rule (effective June 15th) that allows workers to go maskless only if everyone in the room is fully vaccinated.… Continue Reading

Please join us on June 10, 2021 for Ballard Spahr’s annual in-depth program highlighting key issues and developments in labor and employment law from 2020 and 2021. This year’s virtual program will cover the latest state and national legal developments, hot topics related to HR compliance including vaccination challenges, and how HR can be prepared to have a place at the table and make key contributions related to environmental, social, and governance (“ESG”) issue. … Continue Reading

Today, the U.S. Equal Employment Opportunity Commission (EEOC) substantially augmented its technical assistance questions and answers related to the COVID-19 pandemic, and the application of the Americans with Disabilities Act (ADA) and other federal equal employment opportunity laws. It also released a new document targeted at employees and job applicants that explains how federal anti-discrimination laws apply during the COVID-19 pandemic.… Continue Reading