The COVID-19 traffic light scenario in the states of Mexico still looks complicated, with only Chiapas and Chihuahua among the nation’s states operating without restrictions on social and business activities. Therefore, the federal Ministry of Health continues to urge the population to reduce the risk of infection by complying with the sanitary measures with which Mexico’s residents are all too familiar.
On August 31, 2021, the Government of Ontario extended the period for the province’s paid infectious disease emergency leave (IDEL) entitlement from its original expiration date of September 25, 2021, to December 31, 2021.
To ensure “that the parties that contract with the Federal Government provide adequate COVID-19 safeguards to their workers performing on or in connection with a Federal Government contract,” President Biden has issued yet another executive order (EO) mandating that some federal contractors and subcontractors comply with Guidance published by the Safer Federal Workforce Task Force.
The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by Governor Andrew M. Cuomo,” contains extraordinary detail to support the conclusion that Cuomo “sexually harassed a number of current and former New York State employees.” Beyond noting the political consequences of the investigation, employers in New York and elsewhere may wish to consider utilizing these recent developments as an opportunity to reassess their workplace practices to minimize the likelihood of events occurring similar to those described in the report. Among the many potential action items and considerations, below are tips on training, education, and communication that employers may wish to explore as a result of the Cuomo report.
On August 5, 2021, the Oregon Health Authority (OHA) adopted a temporary rule on an emergency basis requiring healthcare providers and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or face periodic COVID-19 testing by September 30, 2021.
About 63 percent of Mexico’s adult population has received a vaccination against COVID-19, but the pandemic situation has still worsened considerably, with only one of the nation’s 32 states having no restrictions on social and business activities as recommended under the nation’s pandemic traffic light monitoring system.
On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. Moderna’s expedited application for full approval is still pending, and Johnson & Johnson plans to submit its application for full approval sometime later this year.
On August 18, 2021, President Joe Biden announced from the White House that his administration would require nursing homes to vaccinate their staffs against COVID-19 or risk losing Medicaid and Medicare funding. He said that this step was designed to keep people safe amid the rising number of COVID-19 cases across the country caused by the highly transmissible Delta variant. He stated: “With this announcement, I’m using the power of the federal government, as a payer of healthcare costs, to ensure we reduce those risks to our most vulnerable seniors.”
On August 18, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the prior August 23, 2021, EEO-1 filing deadline for the 2019 and 2020 EEO-1 reports has been moved to October 25, 2021. The EEOC cited the “continuing impact of the pandemic on business operations” as the justification for this two-month extension of the earlier deadline.
As the number of new cases of the Delta variant of COVID-19 continues to grow nationwide, Maryland Governor Larry Hogan announced, on August 18, 2021, measures to prioritize patient safety in nursing homes and hospitals. Effective August 18, 2021, Maryland is requiring employees in the state’s nursing homes and hospitals to provide proof of vaccination or to adhere to a regular COVID-19 screening and testing protocol. This protocol includes mandatory weekly COVID-19 testing on-site for individuals who fail to show proof of full vaccination status and the required wearing of personal protective equipment (PPE) provided by the facility.
On August 3, 2021, New York City Mayor Bill de Blasio announced that proof of vaccination would be required for individuals to enter certain indoor establishments. In a first of its kind mandate, New York City officially implemented the “Key to NYC” through Emergency Executive Order 225, which became effective on August 17, 2021.
The August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation into Allegations of Sexual Harassment by Governor Andrew M. Cuomo” resulted in his resignation on August 10, 2021, and renewed attention to the #MeToo movement. As a political wonk and an employment lawyer, these events have been of great interest. Also noteworthy, are the lessons one can glean from the report in how to conduct an effective workplace investigation.
On August 12, 2021, New Orleans Mayor LaToya Cantrell and the City of New Orleans Health Department announced updated Guidelines for COVID-19 Reopening, which require individuals to provide proof of “having received at least one dose of a COVID-19 vaccine” or “evidence of a negative COVID-19 PCR test taken no more than 72 hours before entry” in order to access certain indoor establishments.
The number of U.S. workers choosing to be vaccinated plateaued earlier this summer. As a result, employers, many of which hoped to return employees to the workplace in early fall, were left to debate whether to require employees to get vaccinated or to merely “strongly encourage” vaccination. Although many mandatory vaccination policies may pass legal scrutiny, they may nonetheless raise cultural tensions and raise the risk of losing employees in an already tight labor market.
With transmission of the Delta variant on the rise, many employers are revisiting plans to implement COVID-19 vaccination policies. As we have previously explained, employers may encourage and mandate vaccination against COVID-19, subject to exceptions for covered disabilities under the Americans with Disabilities Act and sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964. Guidance that the U.S. Equal Employment Opportunity Commission (EEOC) recently issued has been consistent with this position and federal courts have recently affirmed the same.
On August 11, 2021, Dallas County Judge Clay Jenkins signed an emergency executive order, taking effect at 11:59 p.m. that same day, requiring “all child care centers and Pre-K through 12 Public Schools operating in Dallas County,” as well as “all commercial entities in Dallas County providing goods or services directly to the public,” to “develop and implement a health and safety policy” that requires “universal indoor masking” regardless of vaccination status.
On September 29, 2020, California Governor Gavin Newsom signed into law Assembly Bill (AB) 2537, one of the latest in a series of legislative enactments designed to protect employees from COVID-19 exposure in the workplace.
On July 28, 2021, Atlanta Mayor Keisha Lance Bottoms issued an indoor mask mandate via executive order that requires “all persons in an entity or a public place [to] wear a facial covering or mask over the mouth and nose at all times when indoors.”
On August 2, 2021, the City and County of San Francisco updated Health Officer Order No. C19-07y, entitled “Encouraging COVID-19 Vaccine Coverage and Reducing Disease Risks (Safer Return Together),” to require all individuals, including the fully vaccinated, to wear face coverings in indoor public settings, with some exceptions.
Louisiana has become the first state with a Democratic governor to pass a law eliminating the $300-per-week supplemental unemployment benefit created by the federal American Rescue Plan Act of 2021 (ARPA). Under the new measure, Act No. 276, which Governor John Bel Edwards signed into law on June 15, 2021, Louisiana eliminated the $300 benefit, effective August 1, 2021, while increasing the weekly maximum benefit amount.
Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of access to facilities or services. In response to this trend, some have argued that employers and other organizations may not lawfully mandate COVID-19 vaccines that have been only approved for use under an emergency use authorization (EUA) as opposed to full approval by the U.S. Food and Drug Administration (FDA). Commentators and legal advisors have been divided over whether the EUA approval precludes mandating the vaccine. On July 6, 2021, the Office of Legal Counsel of the U.S. Department of Justice (DOJ) issued a memorandum opining that private businesses and public entities are not prohibited from mandating COVID-19 vaccines that have only received approval for use under an EUA.
If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role?
On August 2, 2021, Louisiana Governor John Bel Edwards issued Proclamation Number 137 JBE 2021, reinstating a statewide mask mandate that requires all individuals, regardless of vaccination status, to wear masks “when indoors, in any place outside of a private residence.”
Effective June 1, 2021, U.S. Citizenship and Immigration Services (USCIS) has expanded and extended ongoing flexibility for employers complying with certain I-9 employment eligibility verification requirements due to ongoing issues caused by the COVID-19 pandemic.
As Mexico enters the third wave of the pandemic amid a global resurgence of COVID-19, the federal government of Mexico has revised the criteria it uses to update its traffic light monitoring system to alert residents to the epidemiological risks of COVID-19 and provide guidance on restrictions in each of the country’s states.
On May 24, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 267 (Act No. 2021-493), a measure prohibiting state entities and private businesses from requiring individuals to show proof of vaccination in order to receive goods or services. Following “an increase in legal questions related to … COVID-19 vaccination[s],” Alabama Attorney General Steve Marshall issued a public notice on July 26, 2021, summarizing Alabama law on vaccination requirements and related matters.
The pandemic continues to loom large over the California legislature this year, as indicated by the bills advancing through the legislative process. Below is a summary of the major employment law bills that are working their way through the state Assembly and Senate. The bills pertain to the expansion of medical and sick leave, postings for employees working remotely, and warehouse production quotas for facilities that have ramped up operations during the pandemic.
As the delta variant (B.1.617.2, which is one of the genetic variants of SARS-CoV-2) fuels a substantial rise in COVID-19 cases in unvaccinated individuals, the U.S. Centers for Disease Control and Prevention (CDC) updated its guidance on masking and a number of other issues on July 27, 2021.
Germany’s nationwide “emergency brake” system—the public health framework of rules and restrictions first implemented by the German government in April 2021 to help contain the spread of COVID-19—expired on June 30, 2021, and, slowly but surely, some semblance of normality has begun returning to German citizens’ private and working lives. Due to a sharp drop in COVID-19 infection rates in Germany and because of the progress of Germany’s vaccination campaign, the federal government recently determined that the time was right to relax restrictive measures.
On July 21, 2021, the City of Pasadena health officer issued an order titled, “Order for Wearing of Face Masks in Public Settings.” As did the Los Angeles County Department of Public Health’s (LACDPH) health order of the previous week, the City of Pasadena’s health order requires all individuals “regardless of vaccination status” to wear face coverings in “all indoor public settings, venues, gatherings, and businesses.”