On August 11, 2022, the Centers for Disease Control provided a new Summary of Guidance for Minimizing the Impact of COVID-19 as well as updated guidance regarding isolation.
On August 11, 2022, the Centers for Disease Control provided a new Summary of Guidance for Minimizing the Impact of COVID-19 as well as updated guidance regarding isolation.
On July 12, 2022, the EEOC issued updated COVID-19 guidance for employers, reflecting the ever-changing but persistent impact of the virus on the workplace. Key updates include the following:
This is not a comprehensive list of the many issues covered in the updated COVID-19 guidance. Please reach out to your partners at Lake Effect HR & Law to ensure that your organization’s COVID-19 policies and practices are in full compliance with current EEOC guidelines. We are here to answer all of your questions about COVID-19 compliance and will continue to monitor important legal and HR developments in this area. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
The EEOC recently revised its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws guidance document to address two issues: the treatment of pandemic-related caregivers (Section I), and religious objections to the COVID-19 vaccine (Section L).
With respect to pandemic-related caregivers, referring to employees who are caring for their family members and loved ones, the new EEOC guidance confirms:
Additional examples and details may be found in the related EEOC technical assistance document.
On the issue of religious objections to the COVID-19 vaccine, the new EEOC guidance clarifies:
While serious COVID-19 infection rates are falling nation-wide, complicated issues may arise as more employees return to the physical workplace. Please reach out to your Lake Effect partners for any help you may need.
Lake Effect is here to answer your questions about COVID-19 compliance and will continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
On February 25, 2022 the CDC updated its masking guidance. The new recommendations are customized according to community risk. Each county across the US is designated “high,” “medium,” or “low” risk.
Regardless of risk designation, the CDC recommends testing if symptomatic, vaccinating if eligible, and improving ventilation in indoor settings if possible.
CDC guidance is not mandatory, but it may assist employers as they establish and implement their own COVID related safety policies for the workplace. Following CDC guidance may also assist in demonstrating compliance with OSHA’s “general duty” clause, which requires all employers to provide a workplace free from known health and safety hazards.
Each employer will be faced with challenging decisions about whether and how to implement the new CDC masking guidelines into workplace safety policies. Soliciting input from your leadership team and employees may be helpful as you continue to manage changes brought about by the COVID-19 pandemic. Renew your commitment to a respectful workplace and encourage your employees to treat one another accordingly during these times of transition. If you need help navigating these changes, please reach out to any of the Lake Effect attorneys or HR professionals.
Lake Effect is here to answer your questions about COVID protocols and mitigation in the workplace. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
On February 14, 2022, Public Health Madison Dane County (PHMDC) announced that it will no longer require face coverings in public indoor spaces after 12:00 a.m. on March 1, 2022.
Public Health Madison & Dane County has issued Face Covering Emergency Order #7. The new order is effective February 1, 2022, and remains in place until March 1, 2022. The only change from the previous Order #6 (see Lake Effect’s summary of the previous orders here) is the extension of time.
Lake Effect is here to answer your questions about how local and state public health orders apply to employers. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
On the heels of the US Supreme Court’s recent ruling blocking enforcement of its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), OSHA issued a statement formally withdrawing the ETS as an enforceable temporary standard effective January 26, 2022. OSHA stated that it will continue to pursue the ETS as a proposed rule and focus on finalizing a permanent COVID-19 Healthcare Standard. OSHA continues to encourage COVID-19 vaccination of workers to minimize workplace health risks posed by the virus.
For a complete discussion and history of this issue, please see Lake Effect’s prior blogs on the ETS and the Supreme Court's recent decision.
Lake Effect is here to answer your questions about COVID-19 compliance and will continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
Starting January 22, 2022, Milwaukee’s new mask ordinance will go into effect until March 1, 2022. While similar to the previous Milwaukee Cares mask ordinance which expired on June 1, 2021 (see Lake Effect’s prior blog), the new ordinance has some distinct differences.
Supreme Court: OSHA Exceeded Its Authority by Requiring Large Employers to Adopt Mandatory Vaccination Policies, But Healthcare Providers Can Require Employee Vaccinations
On January, 13, 2022, The US Supreme Court issued its much anticipated decision on two Biden Administration initiatives aimed at increasing COVID-19 vaccination rates across the nation: (1) OSHA’s Emergency Temporary Standard, which requires large employers (100+ employees) to adopt mandatory vaccination policies; and (2) the Center for Medicare and Medicaid Services’ (CMS’) Interim Final Rule, which requires certified healthcare entities to mandate employee vaccinations. For a detailed discussion of OSHA’s ETS for large employees, please see Lake Effect's prior blog on this topic.
As to the first, the Supreme Court reinstated a nationwide stay of OSHA’s ETS, finding that parties challenging OSHA’s vaccine mandate will likely prevail on the merits of the case. The Supreme Court explained that OSHA is tasked with regulating workplace health and safety. However, allowing OSHA to regulate the hazards of Americans’ daily lives would significantly expand its regulatory authority in a manner not authorized or intended by Congress. Under the Supreme Court’s ruling, the case will be sent back to the Sixth Circuit for a final decision on the merits, and OSHA cannot enforce the ETS in the interim. Given the Supreme Court’s decision, however, it is highly unlikely that the Sixth Circuit will uphold the ETS.
As to the second initiative, the Supreme Court upheld CMS’ ability to enforce its vaccination mandate for certified health care providers. The Court found that the US Secretary of Health and Human Services is authorized to impose detailed conditions on the receipt of Medicare and Medicaid funds, and those conditions are often aimed at preventing and controlling the transmission of communicable diseases. The Court concluded that requiring healthcare providers to mandate employee vaccinations as one such condition is well within the authority of CMS.
What Should Employers Do Now?
At this time, large employers need not implement OSHA’s detailed vaccination and testing requirements, and it is highly unlikely that the ETS will be upheld at all. However, employers of any size may lawfully implement their own vaccination and testing policies, as long as accommodations for eligible employees are granted in accordance with Title VII (religion) and the ADA (disability).
CMS can enforce its Interim Rule as to covered healthcare provider employers nationwide. Although further litigation on the Rule is likely, covered healthcare providers should prepare to meet upcoming compliance deadlines in January and February 2022.
Lake Effect is here to answer your questions about federal, state, and local regulations that impact employers across all industries. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
On December 27, 2021, the US Centers for Disease Control and Prevention (CDC) revised recommendations for people who test positive for or are exposed to COVID-19. The updated guidelines reflect recent evidence that transmission of the now-prevalent Omicron variant typically occurs 1-2 days prior to the onset of symptoms and 2-3 days after. The recommendations are also aimed at returning people to work as quickly and safely as possible in the face of nationwide staffing shortages. The CDC’s updated recommendations provide:
After positive COVID-19 test (regardless of vaccination status) | Isolate at home for 5 days
If you have no symptoms or symptoms have fully resolved after 5 days, you may leave your home but continue to mask for 5 more days. |
After COVID-19 exposure for people who are not vaccinated or who are more than 6 months out from their second dose of vaccine and not yet boosted | Quarantine for 5 days and then mask for 5 more days
If quarantine is not feasible, mask for 10 days. Note: the day of exposure is considered day zero (0) |
After COVID-19 exposure for people who are boosted or completed the primary Pfizer or Moderna vaccine series within the last 6 months, or who completed the J&J vaccine series within the last two months | Mask for 10 days
Note: the day of exposure is considered day zero (0) |
After COVID-19 exposure (regardless of vaccination status) | If possible, take a COVID-19 test on day 5 following exposure.
If you develop symptoms at any time during the quarantine or masking period, get a test and begin isolation at home. Note: the day of exposure is considered day zero (0) |
The new CDC recommendations should provide some relief to the many US employers dealing with staffing challenges related to COVID-19.
Lake Effect is here to answer your questions about federal, state, and local regulations that impact employers across all industries. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
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