U.S. Supreme Court Gives Green Light to CMS Vaccine Mandate and Full Stop to OSHA Vaccine-or-Test Mandate, Leaving Employers to Wonder: What Now?

On January 14, 2022, the Supreme Court of the United States issued two rulings on COVID-19 vaccine mandates that immediately impact employers throughout the country. OSHA’s vaccine-or-testing mandate was effectively struck down, while the Centers for Medicare & Medicaid Services’ vaccine mandate for Medicare- and Medicaid-certified providers and suppliers was upheld.

To read the full text of this Duane Morris Alert, please visit the firm website.

NYC Issues Guidance on Private Sector Vaccine Mandate, Expands Key to NYC Program

As anticipated, New York City issued guidance on December 15, 2021, addressing its new private sector vaccination mandate, as well as the recent expansion of its Key to NYC program. Beginning December 27, workers in New York City who report to a New York City workplace or interact with the public must show proof they have received at least one dose of a COVID-19 vaccine, unless an exception due to a religious or medical accommodation applies, or a worker only ever enters the workplace for a quick and limited purpose.

To read the full text of this Duane Morris Alert, please visit the firm website.

OSHA Announces Enforcement of Emergency Standard Requiring Vaccination or Testing – but Further Stay Is Sought

OSHA’s Emergency Temporary Standard on COVID-19 Vaccination and Testing (ETS) is now in effect, following a court-ordered stay. OSHA has announced that for employers making reasonable, good faith efforts to comply with the ETS, it would not begin enforcing all ETS requirements other than testing until January 10, 2022, and the ETS testing requirement for unvaccinated employees until February 9, 2022.

To read the full text of this Duane Morris Alert, please visit the firm website.

California Reinstates Statewide Indoor Mask Mandate in All Public Places Regardless of Vaccination Status

By Brooke Tabshouri

The California Department of Public Health (“CDPH”) has announced that beginning this Wednesday, December 15, California will reinstate its statewide indoor mask mandate for all people of all ages in all public places regardless of vaccination status.  The order is being issued in response to a spike in COVID cases in the last few weeks; cases have increased by nearly 50% since Thanksgiving. Continue reading “California Reinstates Statewide Indoor Mask Mandate in All Public Places Regardless of Vaccination Status”

New York State Adopts Mask Mandate for Businesses That Do Not Require Proof of Vaccination for Entry

In anticipation of the winter holiday season, New York Governor Kathy Hochul announced a new mask mandate that will apply to all businesses and venues that do not require proof of vaccination as a condition of entry. This requirement is in effect from December 13, 2021, until January 15, 2022, after which the state will reevaluate based on current conditions.

To read the full text of this Duane Morris Alert, please visit the firm website.

NYC Imposes Nation’s First COVID-19 Vaccine Mandate for Private Sector and Expands Vaccination Requirements at Certain Indoor Venues

New York City announced a first-in-the-nation COVID-19 vaccination mandate for private sector employees, which will take effect on December 27, 2021. Starting December 14, the “Key to NYC” program―which requires vaccination of workers and customers at indoor dining, fitness, entertainment and performance venues―will require children ages 5-11 to show proof of one vaccine dose to enter those venues. Beginning December 27, the program will require people age 12 and older to show proof of two vaccine doses, except for those who have received the Johnson & Johnson one-dose vaccine. Children ages 5-11 will also be required to show proof of their receipt of one dose of a vaccine by December 14 to participate in high COVID-19 risk extracurricular activities, including sports, band, orchestra and dance.

To read the full text of this Duane Morris Alert, please visit the firm website.

Federal Court Blocks CMS Mandate Nationwide

A federal judge in New Orleans blocked the Interim Final Rule with Comment requiring the vaccination of all staff of health care facilities subject to the health and safety standards under the Medicare Conditions of Participation (“CoPs”) issued by the Centers for Medicare and Medicaid Services (“CMS”) earlier this month.

To read the full text of this blog post by Erin M. Duffy and Samantha Dalmass, please visit the Duane Morris Health Law Blog.

The Inns by the Sea California Court of Appeal Decision Give Insurers Another Win on COVID-19 Business Interruption Claims

The first California state appellate decision on COVID-19 Business Interruption coverage is now in the books, and it’s one more victory for insurers.  In The Inns by the Sea v. California Mutual Ins. Co., Case No. D079036 (Cal. Ct. App. 4th Dist., Div. 1, Nov. 15, 2021), the California Court of Appeal for the Fourth District found there was no coverage, notwithstanding the absence of a virus exclusion in the relevant policy.  The court’s 36-page opinion provides a thorough and careful analysis of several important COVID-19-related business interruption issues.

To read the full text of this post by Duane Morris attorneys Max H. Stern and Holden Benon, please visit the Duane Morris Insurance Law Blog.

New OSHA Emergency Temporary Standard: Vaccinations, Testing and Face Coverings

On November 6, the Court of Appeals for the Fifth Circuit issued an emergency stay with regard to the OSHA ETS on COVID-19 Vaccination and Testing. While the fate of the OSHA ETS is unclear, employers should prepare now as if the ETS will go into effect. OSHA’s new emergency temporary standard requires employers with 100 or more employees to develop and implement a policy requiring that employees either become fully vaccinated or undergo weekly testing and wear a face covering at work. Employers should promptly determine whether they are covered by the ETS. Covered employers should begin preparing a written policy and develop their approach for determining and documenting employee vaccination status.

To read the full text of this Duane Morris Alert, please visit the firm website.

COVID-19 Travel Restrictions to Be Lifted for Certain Vaccinated Foreign National Travelers

On October 25, 2021, the Biden administration announced additional details on changes to the COVID-19 travel restrictions currently in place. Beginning November 8, 2021, the COVID-19-related regional restrictions on travel by foreign nationals to the United States will be replaced with a vaccine-based system. All nonimmigrants traveling by air to the United States will be required to show an acceptable COVID-19 vaccination and negative COVID-19 test―with certain exceptions based, for example, on age or on medical or humanitarian reasons.

To read the full text of this Duane Morris Alert, please visit the firm website.