New Year, New Rules: 2022 Brings a Barrage of Changes to California COVID-19 Obligations for Employers

After two tumultuous years reacting to COVID-19 in the workplace, the one constant has been change. In recent months, the state of California has changed course on several workplace requirements, leaving businesses, schools and organizations scrambling to keep up. While the differences from past requirements lie in the details, the landscape is a familiar one: masks, paid sick leave and another iteration of the Cal/OSHA Emergency Temporary Standards.

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

Slippery Slope Decision by California Appellate Court Allows Wrongful Death Claim from “Take Home” COVID-19 Exposure to Proceed

The California Court of Appeals has allowed an employee’s wrongful death case for her husband’s death from COVID-19 to proceed against her employer, concluding the claim was not barred by California’s Workers’ Compensation Act. The court found persuasive the trial court’s analogy to a decision permitting claims against employers for injuries to family members from “take home” exposures to asbestos.

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

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.

Recent Wave of Federal Appeals Decisions in COVID-19 Business Interruption

Recently, we began to see real decisions being made by the appellate courts on COVID-19 Business Interruption issues.  The U.S. Circuit Courts of Appeals have established a uniformly favorable trend for insurance carriers – these courts have affirmed the district court decisions that have ruled in favor of the insurers, and in one case, the Sixth Circuit vacated a district court’s decision that ruled in favor of the policyholder. Since our original blog post on this issue in October, this trend continued in December with a Tenth Circuit decision.

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

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.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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