By Darien Harris, Elizabeth L. Humphrey, and Tim Watson
Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must review their vaccination policies and could be faced with tough choices in the event of another significant
Continue Reading Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says
By David Wilson and Josh Rodine
Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy considerations cautioned against imposing a tort duty to the members of an employee’s household. Kuciemba v. Victory Woodworks, Inc.
The Facts
On May
Continue Reading California Supremes Set Bounds on Employer Duty to Non-Workers
By Ilana Morady, Patrick D. Joyce, and Benjamin D. Briggs
Seyfarth Synopsis: On June 20, 2023, the California Department of Public Health (CDPH) updated its guidance to local health departments on the definition of a COVID-19 outbreak. The new definition changes the timeframe for counting COVID-19 cases that make up an outbreak from 14 to 7 days.
Continue Reading Cal/OSHA Definition Changes Make Outbreaks Less Likely
Seyfarth Synopsis: On May 11, 2023, the same day on which the federal government ended the national health emergency related to COVID-19, Florida Governor Ron DeSantis signed into law a sweeping bill (SB 252) that prohibits businesses in Florida from discriminating in any way against a person based on vaccination status and from requiring face masks
Continue Reading Florida Governor Signs into Law Sweeping Bill that Prohibits Businesses from Discriminating Based on Vaccination Status or from Requiring Face Masks and COVID-19 Tests
By Kayla King-Heyer and Dawn Reddy Solowey
Seyfarth Synopsis: We may be past the height of the COVID-19 pandemic, but decisions from COVID-19 vaccine litigation have the potential to affect far more than pandemic-specific employment practices. The Massachusetts Supreme Judicial Court recently issued an opinion affirming the City of Boston’s power to impose certain health and safety policies on
Continue Reading SJC Weighs in on Fiery Debate Over COVID-19 Vaccine Mandates
By Ilana Morady, Patrick D. Joyce, Coby Turner, Liz Watson and Juan Rehl-Garcia
Seyfarth Synopsis: Two big changes are on the horizon for California employers:
(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect January 1, 2023-2025.
The fall season signals change between the
Continue Reading Changes Coming to CA COVID-19 RequirementsBy Dawn Reddy Solowey, A. Scott Hecker, Coby Turner and James J. Swartz, Jr.
Seyfarth Synopsis: Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates.
Here we take a closer look at issues companies are
Continue Reading New Frontier in COVID-19 Vaccine LitigationBy Adam R. Young, Melissa A. Ortega, A. Scott Hecker, James L. Curtis, Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: On August 11, 2022, the CDC, through a press release, eased its COVID-19 guidance to “help us move to a point where COVID-19 no longer
Continue Reading CDC Eases COVID-19 Guidelines
By Samantha L. Brooks, Karla Grossenbacher, and A. Scott Hecker
Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other return-to-work issues, including reasonable accommodations and access to employees’ confidential medical information. Employers continue to face these
Continue Reading In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As Employers Return Employees To The Workplace
DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies. During the hearing, Secretary Walsh was candid: “To be completely honest, I need more
Continue Reading Seyfarth Policy Matters Newsletter – May 20, 2022