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Back to the Future: White House Restricts Travel to the United States From 8 Countries Due to New COVID-19 Variant

On November 26, 2021, President Joe Biden issued a presidential proclamation prohibiting travel into the United States for travelers who were physically present in eight countries in southern Africa (Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe), beginning on Monday, November 29, 2021. The restrictions, which prohibit travel from these eight African countries, come approximately three weeks after the White House relaxed prior location-based travel restrictions, moving to vaccination status-based travel restrictions on November 8, 2021.

Rosa M. Corriveau Raleigh Author

Jacob A. Kanyusik Denver Author

Federal Judge Shelves President Biden’s CMS Vaccine Mandate … But in Only 10 States

In a 32-page order issued on November 29, 2021, United States District Judge Matthew T. Schelp entered a preliminary injunction against the Biden administration’s Center for Medicaid and Medicare Services (CMS) interim final rule entitled “Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination.”

Dee Anna D. Hays Tampa Author

James M. Paul St. Louis Author

Mexico’s COVID-19 Traffic Light Monitoring System: News for November 15–28, 2021

All but one of Mexico’s 32 states have been cleared by the federal government to open for business and social affairs without restrictions under the nation’s COVID-19 traffic light monitoring system—the largest number of states in green-light status since the system was implemented in June 2020.

Pietro Straulino-Rodriguez Mexico City Author

O. Iván Andrade Castelán Mexico City Author

Germany’s Bundestag Plans to Implement 3G Rule (Vaccinated, Recovered, or Tested) for Workplaces and Home Offices

On November 18, 2021, Germany’s lower house of parliament, the Bundestag, approved a renewed amendment to the Infection Protection Act that has important implications for employers and employees. The following day, the Bundesrat, Germany’s upper house of parliament, gave its approval to the legislation. The amendment and related measures will come into force on November 24, 2021.

Dr. Ulrike Conradi Berlin Author

Oregon OSHA Anticipates Delay in Adopting COVID-19 Vaccine or Test Standard

When the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) on November 4, 2021, Oregon OSHA had only 30 days to adopt its own standards, until December 4, 2021. However, in light of a federal court order staying the federal ETS, Oregon OSHA recently updated its website to state that it does not anticipate adopting a rule by December 4, 2021, although it is “continuing discussions with stakeholders.”

Paul E. Cirner Portland (OR) Author

Employer-Provided COVID-19 Testing: An Employee Benefits Q&A

Although the fate of the Occupational Safety and Health Administration’s (OSHA) rules remains in limbo, many employers are moving ahead with efforts to comply with the OSHA emergency temporary standard (ETS) that requires employers with 100 or more employees to ensure that all are fully vaccinated or subject to COVID-19 testing at least weekly.

Timothy J. Stanton Chicago Author

Jessica Kuester Indianapolis Author

Infrastructure Investment and Jobs Act Repeals Employee Retention Credits as of September 30, 2021

President Biden’s signing of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021, retroactively eliminates an employer’s ability to claim employee retention credits (ERC) for eligible wages paid after September 30, 2021.

Michael K. Mahoney Morristown Author

Randle B. Pollard Washington D.C. Author

Shivam K. Bimal New York Author

Fifth Circuit Again Stays OSHA’s ETS … for Now

On November 12, 2021, a three-member panel of the United States Court of Appeals for the Fifth Circuit issued a sweeping order continuing its initial November 6, 2021, stay of the emergency temporary standard (ETS) that the U.S. Occupational Safety and Health Administration (OSHA) issued on November 4, 2021.

Phillip B. Russell Tampa Author

Mexico’s COVID-19 Traffic Light Monitoring System: News for November 1–14, 2021

The third wave of the COVID-19 pandemic in Mexico has ebbed significantly in the last few weeks—enough for the federal government to lift all restrictions on social and business activities in nine states. Under Mexico’s four-tiered COVID-19 Traffic Light Monitoring System, those nine states are in “green light” status, the only restriction-free status. Because the pandemic is ongoing, Mexico’s health authorities have continued to urge the population to reduce the risk of infection by complying with government guidelines to prevent the further spread of the virus.

Pietro Straulino-Rodriguez Mexico City Author

O. Iván Andrade Castelán Mexico City Author

Alabama Law Creates Additional Exemptions From Mandatory Vaccination Policies

On November 5, 2021, Alabama Governor Kay Ivey signed into law Senate Bill (SB) 9, restricting Alabama employers from requiring COVID-19 vaccination as a condition of employment. The law took effect immediately.

Josh C. Harrison Birmingham Author

T. Scott Kelly Birmingham Author

West Virginia Governor Approves Medical and Religious Exemptions From COVID-19 Vaccination Mandates

Although West Virginia Governor Jim Justice has actively pushed for residents to get vaccinated—most notably, through his statewide “Do It For Babydog” sweepstakes—he has voiced opposition to COVID-19 vaccination mandates and new masking initiatives.

Cory E. Ridenour Pittsburgh Author

Court of Appeals Stays OSHA’s Emergency Temporary Standard

On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a stay of the Emergency Temporary Standard issued this week by the Occupational Safety and Health Administration. The ETS would require employers with 100 or more employees to implement policies mandating that employees be vaccinated or provide documentation of a negative COVID-19 test at least every seven days.

Andrew L. Metcalf St. Louis Author

Stephen R. Woods Greenville Author

UK Employment Law: Menopause and the Workplace

The impact of menopause in the workplace has recently been in the spotlight. On 23 July 2021, the UK House of Commons Women and Equalities Committee opened an inquiry titled “An invisible cohort: Why are workplaces failing women going through menopause?”. The inquiry aims to “scrutinis[e] existing legislation … and as[k] if enough is being done” to support employees experiencing menopause.

Daniella McGuigan London Author

CMS Gives a Boost and Takes a Shot at Full Vaccination for Millions of U.S. Healthcare Workers

Many hospitals and other healthcare organizations started mandating COVID-19 vaccinations for some or all of their workers over the last six months. Now all of the specified Medicare and Medicaid-certified provider and supplier types that are regulated under the Medicare health and safety standards must get all of their workers fully-vaccinated by January 4, 2022, pursuant to the Center for Medicare & Medicaid Services’s Omnibus COVID-19 Health Care Staff Vaccination interim final rule.

Cynthia A. Bremer Minneapolis Author

Jody Ward-Rannow Minneapolis Author

James M. Paul St. Louis Author

Federal OSHA’s COVID-19 ETS: Will It Change the Next ETS for California?

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. The California Division of Occupational Safety and Health (Cal/OSHA) was planning to update and adopt new language for the California COVID-19 ETS that would take effect in January 2022. However, California’s proposed language for the revised ETS does not match the language of OSHA’s ETS, leaving many wondering if California will now revise the proposed language to bring the California ETS into alignment with the federal standard and proceed with the “Horcher” adoption process to quickly adopt the federal OSHA requirements.

Karen F. Tynan Sacramento Author

Martha I. Casillas Orange County Author

Jennifer Yanni Orange County Author

Iowa Strengthens Medical and Religious Exemptions From Vaccine Policies, Permits Individuals Discharged for Refusing Vaccines to Qualify for Unemployment Benefits

On October 29, 2021, Iowa Governor Kim Reynolds signed House File 902 into law, a measure that requires Iowa employers with mandatory COVID-19 vaccine policies to waive their requirements for employees who seek vaccination exemptions for medical or religious reasons. The law also permits individuals to qualify for unemployment insurance benefits, even when they have been discharged from employment for refusing to receive COVID-19 vaccines.

Christine Bestor Townsend Milwaukee
Chicago Author

Louisiana and New Orleans Lift Their Mask Mandates, Except for Students Subject to Opt-Out Procedures

Mask mandates, with certain exceptions, are ending in Louisiana. This week, Louisiana’s governor lifted the statewide mandate, which allowed cities to impose their own mandates. New Orleans’ mandate, which has been in effect since July 2021, is also now ending.

Andrew P. Burnside New Orleans Author

Ellen C. Rains New Orleans Author

Missouri Governor Thumbs Nose at Federal Mandates, but Private Employers Still Left Wondering Whether and How to Comply

Following in the footsteps of governors in states such as Alabama, Arkansas, and Texas, on October 28, 2021, Missouri Governor Mike Parson issued Executive Order 21-10, a measure intended to chip away at the reach of federal vaccine mandates.

James M. Paul St. Louis Author

Claudia M. Tran Kansas City Author

Ontario Introduces Bill to Promote Work-Life Balance and Bar Employers From Using Non-Compete Agreements

On October 25, 2021, the Government of Ontario introduced Bill 27, the Working for Workers Act, 2021. According to Ontario’s Ministry of Labour, Training and Skills Development, Bill 27 would encourage employee work-life balance and promote competition within the province.

Stephen Shore Toronto Author

Caroline M. DeBruin Toronto Author

The Keeping Workers Safe Act Introduced: Will OSHA Violations Be Widely Disseminated?

On October 22, 2021, Senator Dianne Feinstein, Senator Robert Menendez, and Senator Brian Schatz joined Representative Andy Levin of Michigan to introduce legislation to require the publication of alleged workplace safety violations. The Keeping Workers Safe Act would direct the Occupational Safety and Health Administration (OSHA) to announce major violations by employers and distribute them to local media and related labor and trade organizations, a practice that they believe will enhance workplace safety.

Karen F. Tynan Sacramento Author

Jaslyn W. Johnson Atlanta Author

COVID-19 Vaccination Religious Exemption Requests: 5 Key Takeaways From the EEOC’s Updated Technical Assistance

On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance related to the COVID-19 pandemic. The updated and expanded COVID-19 technical assistance adds a new section with information related to requests by applicants or employees seeking to be excused from COVID-19 vaccination requirements due to sincerely held religious beliefs, practices, or observances.

Katherine Dudley Helms Columbia Author

Andrew L. Metcalf St. Louis Author

Pittsburgh Extends Mandatory COVID-19 Paid Sick Leave

On July 29, 2021, Pittsburgh Mayor Bill Peduto signed a COVID-19 paid sick leave ordinance granting emergency paid sick leave for certain employees for COVID-19–related reasons. The ordinance will remain in effect for one year and will expire on July 29, 2022.

Taylor E. Gillan Pittsburgh Author

Cal/OSHA Releases Proposed Language for Next Readoption of COVID-19 Prevention Emergency Temporary Standards

On October 20, 2021, California’s Division of Occupational Safety and Health (known as Cal/OSHA) issued proposed language for the second readoption of Emergency Temporary Standards (ETS) for COVID-19 Prevention.

Karen F. Tynan Sacramento Author

Martha I. Casillas Orange County Author

The Public Health Emergency Supplemental Leave Requirement in Colorado Is Not Over

The pandemic may be waning, but the requirement for Colorado employers to provide supplemental public health emergency leave to employees under certain COVID-19–related circumstances continues. On October 15, 2021, U.S. Secretary of Health and Human Services Xavier Becerra announced another extension of the nationwide COVID-19 public health emergency, effective October 18, 2021.

Abigail S. Wallach Denver Author

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues of material fact as to whether those reasons were a pretext for discrimination and/or retaliation.

Brandon E. Strey San Antonio Author

Finding Religious Accommodations in Rhode Island’s COVID-19 Vaccination Requirements for Healthcare Workers

Healthcare and healthcare-related employers have not just been at the heart of the fight against the COVID-19 pandemic, they have also recently been on the battleground in the fight over mandatory vaccination. Multiple states and locales have enacted some form of a mandatory COVID-19 vaccination requirement. Many of these vaccination mandates are directed at healthcare workers and state employees. These mandates vary by locality as to where the mandates apply, to whom the mandates apply and in what contexts, and when exemptions apply. And, of course, the federal mandates announced in September 2021 loom in the background.

Janice G. Dubler Cherry Hill (NJ)
Philadelphia Author

Sean J. Oliveira St. Louis Author

Arkansas Seeks to Amend President Biden’s Mandate

On October 13, 2021, Arkansas Governor Asa Hutchinson allowed a new law addressing mandated COVID-19 vaccines for employees to go into effect without his signature. The Arkansas legislation specifically allows employees to opt out of COVID-19 vaccine requirements by means other than the medical or religious exemptions allowed by federal law, and it requires employers to provide a specific exemption process.

Ashley Prickett Cuttino Greenville Author

Katherine Dudley Helms Columbia Author

Plaintiff’s Employment Discrimination Civil Action Is Timely—Until It Is Not

A district judge for the U.S. District Court for the Eastern District of Virginia recently dismissed a case due to the plaintiff’s failure to file suit within the allotted time identified in the notice of right to sue (NRTS) that the U.S. Equal Employment Opportunity Commission (EEOC) issued. Moyer v. Shirley Contracting Company, LLC, No. 1:21-cv-00046 (August 18, 2021) highlights the importance of recognizing when the clock begins ticking on the deadline to file suit and how attention to the Federal Rules of Civil Procedure can assist in litigation.

D’Ontae D. Sylvertooth Washington D.C. Author

José E. Galvan Washington D.C. Author

Texas Governor Issues Executive Order Significantly Limiting the Ability of Many Employers to Mandate Vaccines

On October 11, 2021, Governor Greg Abbott issued Executive Order (EO) No. GA-40, prohibiting any entity in Texas from requiring any individual, including an employee, to receive a COVID-19 vaccination if that individual objects to the vaccination “for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”

Tiffany Cox Stacy San Antonio Author

Christine Bestor Townsend Milwaukee
Chicago Author

Mexico’s COVID-19 Traffic Light Monitoring System: News for October 4–17, 2021

Pietro Straulino-Rodriguez Mexico City Author

O. Iván Andrade Castelán Mexico City Author

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