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The COVID-19 Emergency Declaration Has Ended—But Do the Accommodations Continue?

On May 11, 2023, the COVID-19 public health emergency ended, creating uncertainty as to employers’ continued obligation to accommodate employees due to pandemic-related reasons. The U.S. Equal Employment Opportunity Commission (EEOC) has sought to address these questions through an update that it issued on May 15, 2023, to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

Tiffany Cox Stacy San Antonio Author

Tina M. Bengs Chicago
Indianapolis
Valparaiso Author

The Public Health Emergency Has Ended; Colorado Employees May Use Public Health Emergency Leave for Three More Weeks

The end of the public health emergency (PHE) began the sunsetting of the Colorado Healthy Families and Workplaces Act’s requirement for employers in Colorado to provide PHE leave stemming from the COVID-19 pandemic. This means that Colorado employees may use PHE leave through June 8, 2023.

David L. Zwisler Denver Author

Rebecca M. Lindell Denver
Salt Lake City Author

Lys M. Runnerstrom Denver Author

I-9 Compliance Flexibility to End on July 31, 2023; Employers Have Until August 30, 2023, to Physically Inspect I-9 Documents

U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023.

Samantha D. Wolfe Denver Author

Biden Administration Announces End to COVID-19 Vaccination Requirements for International Travelers

On May 1, 2023, the White House and U.S. Department of Homeland Security announced that beginning May 12, 2023, foreign nationals entering the United States via airports, land ports of entry, and ferry terminals will no longer be required to provide evidence of vaccination against COVID-19.

Michael J. Bonsignore Atlanta Author

Is This the End of the Federal Contractor COVID-19 Vaccine Mandate?

On May 1, 2023, the Biden administration announced that it will end the COVID-19 vaccine requirement for federal contractors on May 11, 2023—which is the day that the COVID-19 public health emergency will end.

Leigh M. Nason Columbia Author

T. Scott Kelly Birmingham Author

Hera S. Arsen, Ph.D. Torrance Author

Mission Accomplished … White House Declares an End to the Pandemic and the CMS Vaccine Mandate

On May 1, 2023, the Biden administration announced that it would be ending all of its various COVID-19 vaccination requirements on May 11, 2023, the same date as the COVID-19 national emergency and public health emergency will end, according to the U.S. Centers for Disease Control and Prevention (CDC)). The U.S. Department of Health and Human Services (HHS) has begun the process to terminate the Centers for Medicare and Medicaid Services’s (CMS) interim final rule requiring CMS-certified healthcare facilities to implement and enforce a policy that all covered staff within their covered facilities be vaccinated against COVID-19.

James M. Paul St. Louis
Tampa Author

Jody Ward-Rannow Minneapolis Author

No Change in DOL/Treasury Guidance for Employer Health Plans Issued Before Declared End of COVID-19 National Emergency

In response to House Joint Resolution 7, which was signed into law on April 10, 2023, ending the National Emergency declaration that had been in effect since March 2020, the U.S. Department of Labor and the U.S. Department of the Treasury have clarified informally that they intend to continue to use May 11, 2023, as the relevant date in applying guidance on the end of the National Emergency.

Timothy J. Stanton Chicago Author

Kristine M. Bingman Portland (OR) Author

Ogletree Deakins OSHA Tracker City Feature: Southeastern Cities’ Inspections, Citations, and Penalties

Ogletree Deakins recently launched its OSHA Tracker, which compiles and filters inspection and citation data by Occupational Safety and Health Administration (OSHA) region, state, city, industry, and date. Employers in Region 4—covering Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee—may find the trends and, in some cases, surprises, among OSHA’s inspections, citations, and penalties data useful in planning and implementing their workplace safety programs.

David B. Walston Birmingham Author

New Guidance Helps Employers Navigate End of the COVID-19 Emergency Orders

As employers plan for the impact of the anticipated May 11, 2023, end of the two federal COVID-19 emergency orders, they have some important new clarity on test and vaccine coverage and on how to unwind COVID-19–era extended deadlines, including for COBRA continuing healthcare coverage elections.

Timothy J. Stanton Chicago Author

Hillary M. Sizer Chicago Author

CDPH Issues Updated Order and Guidance Regarding COVID-19 and Its Effect on the Workplace

On March 3, 2023, a new California state public health officer order regarding COVID-19 was issued with an effective date of March 13, 2023. The new order includes important information for employers doing business in California.

Karen F. Tynan Sacramento Author

Arizona Gets to Keep Its State-Operated Workplace Safety and Health Program

On February 15, 2023, the Occupational Safety and Health Administration (OSHA) withdrew its proposed rule that would have revoked the final approval status of Arizona’s state plan for occupational safety and health.

Nonnie L. Shivers Phoenix Author

John D. Surma Houston Author

Karen F. Tynan Sacramento Author

Ryan J. Swink Houston Author

State Department’s ‘Report of the Visa Office 2022’ Shows a Dramatic Increase in Visa Issuance in 2022

Newly released data from the U.S. Department of State shows that U.S. consular posts abroad have made significant progress in reaching pre-pandemic levels of immigrant and nonimmigrant visa issuance during fiscal year (FY) 2022.

Christina M. Kelley Boston Author

Derek J. Maka Boston Author

Employers Prepare for Thawing ERISA Deadlines

With the pandemic winding down, deadlines for employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) will be resuming. Two different emergencies affect employer-sponsored group health plans: the national emergency and the public health emergency.

Hillary M. Sizer Chicago Author

Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulation Is Now in Effect After OAL Approval

On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation to replace the Emergency Temporary Standards (ETS), which were set to end on December 31, 2022.

Karen F. Tynan Sacramento Author

Robert C. Rodriguez Sacramento Author

New York HERO Act Amendment Establishes a Five-Day Deadline to Recognize Workplace Safety Committees

On December 28, 2022, Governor Kathy Hochul signed into law an amendment to Section 2 of the New York Health and Essential Rights Act (NY HERO Act). The amendment, which took effect immediately upon signing, provides that “[a]n employer must recognize within five business days the establishment of a workplace safety committee.”

Simone R.D. Francis St. Thomas
New York Author

Jamie Haar New York Author

New York Judge Blocks COVID-19 Vaccination Mandate for Healthcare Facilities

On January 17, 2023, a New York trial court judge struck down the state’s vaccine mandate for healthcare workers, ruling that the New York State Department of Health (DOH) acted outside its authority and noting that “the COVID-19 shots do not prevent transmission.”

Janice G. Dubler Cherry Hill (NJ)
Philadelphia Author

Cynthia A. Bremer Minneapolis Author

Zachary V. Zagger New York Author

Sixth Circuit Upholds Block of Federal Contractor COVID-19 Vaccine Mandate

On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit upheld most of a district court’s injunction blocking the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee.

Emily M. Halliday Washington D.C. Author

Cal/OSHA’s COVID-19 ETS Will Remain in Effect Pending OAL Approval of COVID-19 Prevention Non-Emergency Regulations

New COVID-19 prevention regulations adopted by the California Occupational Safety and Health Standards Board on December 15, 2022, were sent to the Office of Administrative Law (OAL) for approval. The new regulations will not take effect until approved by OAL, which has thirty working days to complete its review.

Karen F. Tynan Sacramento Author

Jennifer Yanni Orange County Author

Robert C. Rodriguez Sacramento Author

Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare

The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard for healthcare.

John D. Surma Houston Author

Savannah M. Selvaggio Washington D.C. Author

Fifth Circuit Affirms Preliminary Injunction Blocking Federal Contractor COVID-19 Vaccine Mandate

On December 19, 2022, a panel for the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction blocking enforcement of President Joe Biden’s COVID-19 federal contractor vaccine mandate. The 2-1 panel decision in State of Louisiana v. Biden found that to allow the mandate would result in an “enormous,” “transformative,” and “truly unprecedented” expansion of the powers of the president without clear authorization from Congress.

Emily M. Halliday Washington D.C. Author

Zachary V. Zagger New York Author

Montana’s Vaccination Discrimination Law: Federal Court Blocks Enforcement

On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on vaccination status—including vaccination against COVID-19—finding the law is unconstitutional and preempted by federal law.

Roger G. Trim Denver Author

Ashley Prickett Cuttino Greenville Author

Zachary V. Zagger New York Author

California Occupational Safety and Health Standards Board Approves Final Language for Cal/OSHA’s COVID-19 Regulation

On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation, modifying Title 8 of the General Industry Safety Orders. The regulation passed, 6–1, in a near-unanimous vote of the seven-member Standards Board.

Karen F. Tynan Sacramento Author

Jennifer Yanni Orange County Author

Robert C. Rodriguez Sacramento Author

Ogletree Deakins Launches Interactive OSHA Tracker Tool

Analysis of the Occupational Safety and Health Administration’s (OSHA) publicly available inspection and citation data, which dates back to the 1970s, can help employers forecast and spot enforcement trends and changes, identify new and emerging issues, and correlate information to make unique connections that may not be readily apparent. To assist employers, Ogletree Deakins has developed the OSHA Tracker, a purpose-built resource designed to provide clients and consumers with easy-to-use search tools and filters to convert OSHA data into more digestible and useful information.

Karen F. Tynan Sacramento Author

COVID-19 Update: Elimination of Mandatory Isolation in Some Federal States in Germany Poses New Challenges for Employers

As of November 23, 2022, the German Federal State of Hesse no longer requires an obligatory isolation period for persons who have tested positive for COVID-19.

Oregon, Colorado Declare Public Health Emergencies Triggering Leave Requirements

Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe respiratory illness seasons in recent years, two states—Oregon and Colorado—have declared public health emergencies that will impact state sick and family leave requirements as workers struggle with the illnesses or to care for sick children.

Ashley Prickett Cuttino Greenville Author

Sarah Jung Evans Seattle Author

Harrison J. Meyers Denver Author

Zachary V. Zagger New York Author

New York City COVID-19 Vaccine Mandates Dealt a Fatal Blow

On October 25, 2022, the Supreme Court of the State of New York, Richmond County, upheld a challenge to New York City’s vaccine mandate for public-sector employees, ordered the immediate reinstatement of and back pay to former New York City Department of Sanitation employees who had challenged the mandate, and declared the vaccine mandate for private-sector employees to be arbitrary and capricious.

Simone R.D. Francis St. Thomas
New York Author

DHS Again Extends I-9 Compliance Flexibility, Also Proposes Framework to Allow Alternative Verification Procedures

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), recently extended until July 31, 2023, the temporary policy allowing remote verification of Form I-9 documents for employees working exclusively in remote settings due to COVID-19–related precautions.

Claudia P. Martorell San Diego Author

German Employment Law Fall 2022 Update: Bonuses, COVID-19, and Annual Leave Entitlements

This fall and winter season, employers in Germany have several developments in German employment law to put on their radars, including optional bonus pay due to the spike in energy costs; workplace safety and health measures related to heat, and separately, COVID-19; and annual leave entitlements.

Jacqueline Piran Berlin Author

Cal/OSHA Proposes Final Language for COVID-19 Regulation to Be Voted on November 17, 2022, at Standards Board Meeting

Following on the California Department of Public Health’s (CDPH) issuance on October 14, 2022, of a State Public Health Officer (SPHO) order that clarified the definition of “close contact” and “infectious period” to provide entities with strategies for working together, the California Occupational Safety and Health Standards Board issued a fifteen-day notice with requests for written comments on proposed updated COVID-19 regulations to Title 8 of the General Industry Safety Orders.

Karen F. Tynan Sacramento Author

Elizabeth Rhodes Sacramento Author

CDPH Order Updates Definitions of ‘Close Contact’ and ‘Infectious Period,’ Clarifies What Is and Is Not Mandatory

On October 14, 2022, California Department of Public Health (CDPH) Director Tomás J. Aragόn issued a State Public Health Officer Order further clarifying the definitions of “close contact” and “infectious period” to provide entities and individuals with strategies for working together in a post-COVID-19 workplace.

Karen F. Tynan Sacramento Author

Elizabeth Rhodes Sacramento Author

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